[Congressional Record Volume 143, Number 124 (Wednesday, September 17, 1997)]
[House]
[Pages H7456-H7480]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT APPROPRIATIONS ACT,
1998
Mr. KOLBE. Mr. Speaker, I move that the House resolve itself into the
Committee of the Whole House on the State of the Union for the
consideration of the bill (H.R. 2378) making appropriations for the
Treasury Department, the U.S. Postal Service, the Executive Office of
the President, and certain independent agencies, for the fiscal year
ending September 30, 1998, and for other purposes; and pending that
motion, Mr. Speaker, I ask unanimous consent that general debate be
limited to not to exceed 1 hour, the time to be equally divided and
controlled by the gentleman from Maryland [Mr. Hoyer] and myself.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arizona [Mr. Kolbe].
The motion was agreed to.
The SPEAKER pro tempore. The Chair designates the gentleman from
California [Mr. Dreier] as Chairman of the Committee of the Whole, and
requests the gentleman from Ohio [Mr. LaTourette] to assume the chair
temporarily.
[[Page H7457]]
{time} 1425
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the
bill, H.R. 2378, with Mr. LaTourette, Chairman pro tempore, in the
chair.
The Clerk read the title of the bill.
The CHAIRMAN pro tempore. Pursuant to the order of today, the bill is
considered as having been read the first time.
Under the unanimous consent agreement, the gentleman from Arizona
[Mr. Kolbe] and the gentleman from Maryland [Mr. Hoyer] each will
control 30 minutes.
The Chair recognizes the gentleman from Arizona [Mr. Kolbe].
Mr. KOLBE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, today I present to the House H.R. 2378, the fiscal year
1998 Treasury, Postal Service and General Government appropriations
bill, a bill that is consistent with our objectives of achieving a
balanced budget by 2002, a bill strong on oversight of the agencies
that come under this subcommittee's jurisdiction. I present to my
colleagues legislation that very dramatically changes and improves the
way the White House accounts for political events held there; a bill
that continues the aggressive oversight over the Internal Revenue
Service's modernization program; and a bill that tackles important
issues of integrity in the Customs Service.
Mr. Chairman, this bill balances the competing demands of being
fiscally responsible and providing what is needed to fully fund drug
and law enforcement programs under our jurisdiction. As reported, H.R.
2378 provides $12.5 billion in budget authority and is exactly as it's
602(b) allocation in both budget authority and outlays. At the same
time, we continue our strong commitment to counter-narcotic and law
enforcement programs, providing $3.4 billion for these efforts, an
increase of $287 million over fiscal year 1997 funding.
This includes $1.5 billion for drug-related activities, including
$195 million for the Office of National Drug Control Policy's proposed
media campaign that is targeted to the youth of this country--that is
$20 million more than the President requested. It also includes $10
million for the recently authorized Drug-Free Communities Act, and $47
million for additional Customs Service equipment for drug interdiction
and passenger processing.
I am also pleased to report a bill that I think makes a strong stand
on oversight. During the fiscal year 1998 hearing cycle, the committee
learned of instances of taxpayer subsidization of political events in
the White House, overspending in GSA's Federal Building Fund,
vulnerability within the Customs Service operations, and an ongoing
need to get the Internal Revenue Service on track in the development of
a modernized tax collection system. H.R. 2378 addresses each of these
issues.
Let me just highlight a couple of the ways in which we do that.
First, there is a moratorium on construction and major repair projects
within GSA's Federal Building Program. There are no GSA construction
projects funded in this bill.
Mr. Chairman, I cannot think of a time when we have had a bill that
had no Federal building projects in it.
It includes a requirement that the Office of Professional
Responsibility within the Treasury Department undertake a comprehensive
and aggressive review of Customs Service operations in order to address
concerns that agents and inspectors may be vulnerable to corruption,
and it includes a continuation of the requirement that IRS complete and
submit a comprehensive capital investment blueprint prior to obligating
a penny toward computer modernization.
Let me briefly address one issue all Members should be aware of. As I
mentioned earlier, we did discover in our hearing process that
taxpayers have traditionally, this is not a new thing, subsidized the
cost of political fundraisers in the Executive residence of the White
House. I fully acknowledge the political hat that the President wears,
and I have no intention of limiting the President's duties as the head
of his political party. However, all of us in this body and as American
citizens should be opposed to using Federal dollars to pay for
political events. Apparently, and despite initial protests, the White
House now agrees with that position and supports the changes in this
bill that would ensure that taxpayers no longer support political
events in the Executive residence.
This bill establishes an entirely new appropriation account to be
used for official and political events within the White House. It
requires that all political events be paid for up front without the use
of taxpayer funds. It requires prompt reimbursements for political and
official events held in the Executive residence. It requires the
Executive to develop a standard definition for the classification of
political or nonpolitical events and, based on input from the minority
side, it establishes a $25,000 revolving fund, capitalized by the
national political party of the President who sits in the White House,
to accommodate those political events which cannot be scheduled in
advance, such as the spontaneous meetings on legislation that the
President may have with congressional leaders from his party.
The changes made to the accounting structure of the Executive
residence are based on good budgeting, good government and the
fundamental principles of appropriation laws. The changes proposed here
are the exact ones I would have proposed for a Republican
administration, had we known about this practice of Federal taxpayers
paying for political events in the White House.
Mr. Chairman, before I yield back my time I do want to thank the
gentleman from Maryland, Mr. Steny Hoyer, my ranking member, who has
worked with me and my staff to produce a bill that all Members can
support. I have never had a Member that I have worked with as closely
as the gentleman from Maryland [Mr. Hoyer] and I appreciate the
cooperation that he has shown.
Mr. Chairman, I would like also to note the work that has been done
by our staff. I think the really exceptional work by our staff, two of
them of course are now national media figures with the Wall Street
Journal, are: The clerk of the subcommittee, Michelle Mrdeza, and Betsy
Phillips, who is also the staff assistant. Without their work and the
work of our other staff, Jeff Ashford, Melanie Marshall, Jennifer
Rouse, and from the minority side Pat Schlueter, we would not have the
bill that we have today.
Let me finally mention the personal work of my assistant Jason Isaak
and Mr. Hoyer's assistant Seth Statler, who have been instrumental in
getting this bill to us.
Mr. Chairman, I reserve the balance of my time.
{time} 1430
Mr. HOYER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I want to begin by complimenting the chairman, the
gentleman from Arizona [Mr. Kolbe], for the fine job he and his staff
have done in producing this bill. This bill represents a measured and
responsible effort to allocate sufficient funds to each of the agencies
covered by the bill so that they can carry out the duties assigned to
them in an effective way.
Very frankly, I believe this is the best bill that we have passed in
last 3 years; and I congratulate the chairman, the gentleman from
Arizona [Mr. Kolbe], and our famous staff and others for this
accomplishment.
Overall, within the constraints of the Budget Act, our allocation in
this bill includes a reduction of $596 million in budget authority from
the 1998 requested sum.
Mr. Chairman, basically this bill deals adequately with the IRS. We
have had problems with that. That is the biggest component of the bill.
Unfortunately, it does not fund law enforcement quite as much as I
would like to see done. That is because of the fiscal constraints that
confront us. That is understandable.
With respect to other portions of the bill, the gentleman from
Arizona [Mr. Kolbe] has pointed out that there are no, I repeat, no GSA
projects in this bill. That is unfortunate, I know, from the standpoint
of many Members who know that there are needs in their districts. But
again, the fiscal constraints that have confront us have compelled us
to that objective.
Mr. Chairman, I simply want to restate that the gentleman from
Arizona [Mr. Kolbe] has done an outstanding
[[Page H7458]]
job. The members of the committee have worked very hard on this bill. I
think it is a bill that Members can be proud of and will feel meets the
Congress' responsibility to fund the important agencies that come
within the ambit of this bill.
Mr. HOYER. Mr. Chairman, I have no requests for time, and I yield
back the balance of my time.
Mr. KOLBE. Mr. Chairman, I yield back the balance of my time in
general debate.
The CHAIRMAN pro tempore (Mr. LaTourette). All time for general
debate has expired.
Pursuant to the order of the House today, the bill shall be
considered for amendment under the 5-minute rule. The Chairman of the
Committee of the Whole may postpone a request for a recorded vote on
any amendment and may reduce to a minimum of 5 minutes the time for
voting on any postponed question that immediately follows another vote,
provided that the time for voting on the first question shall be a
minimum of 15 minutes.
The Clerk will read.
The Clerk read as follows:
H.R. 2378
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 1998, and for other purposes, namely:
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Annex; hire of passenger motor vehicles; maintenance,
repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned
overseas, when necessary for the performance of official
business; not to exceed $2,900,000 for official travel
expenses; not to exceed $150,000 for official reception and
representation expenses; not to exceed $258,000 for
unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Secretary
of the Treasury and to be accounted for solely on his
certificate; $113,410,000: Provided, That section 113(3) of
the Fiscal Year 1997 Department of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, Public Law 104-208 (110 Stat. 3009-22) is amended by
striking ``12 months'' and inserting in lieu thereof ``2
years'': Provided further, That $200,000 are provided to
conduct a comprehensive study of gambling's effects on
bankruptcies in the United States.
Office of Professional Responsibility
salaries and expenses
For necessary expenses of the Office of Professional
Responsibility, including purchase and hire of passenger
motor vehicles, $1,500,000: Provided, That the Under
Secretary of Treasury for Enforcement shall task the Office
of Professional Responsibility to conduct a comprehensive
review of integrity issues and other matters related to the
vulnerability of the U.S. Customs Service to corruption, to
include examination of charges of professional misconduct and
corruption as well as analysis of the efficacy of
departmental and bureau internal affairs systems.
Automation Enhancement
(including transfer of funds)
For the development and acquisition of automatic data
processing equipment, software, and services for the
Department of the Treasury, $25,989,000, of which $11,500,000
shall be available to the United States Customs Service for
the Automated Commercial Environment project, of which
$5,600,000 shall be available to Departmental Offices for the
International Trade Data System, and of which $8,789,000
shall be available to Departmental Offices to modernize its
information technology infrastructure and for business
solution software: Provided, That these funds shall remain
available until September 30, 1999: Provided further, That
these funds shall be transferred to accounts and in amounts
as necessary to satisfy the requirements of the Department's
offices, bureaus, and other organizations: Provided further,
That this transfer authority shall be in addition to any
other transfer authority provided in this Act: Provided
further, That none of the funds appropriated shall be used to
support or supplement Internal Revenue Service appropriations
for Information Systems: Provided further, That of the
$27,000,000 provided under this heading in Public Law 104-
208, $12,000,000 shall remain available until September 30,
1999: Provided further, That none of the funds appropriated
for the International Trade Data System may be obligated
until the Department has submitted a report on their system
development plan to the Committees on Appropriations:
Provided further, That none of the $11,500,000 appropriated
for the Automated Commercial Environment may be obligated
until the systems architecture plan has been reviewed by the
General Accounting Office and approved by the Committees on
Appropriations.
Office of Inspector General
salaries and expenses
(Including Transfer of Funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, not to exceed $2,000,000 for official
travel expenses; including hire of passenger motor vehicles;
and not to exceed $100,000 for unforeseen emergencies of a
confidential nature, to be allocated and expended under the
direction of the Inspector General of the Treasury;
$30,927,000, of which $26,034 shall be transferred to the
``Departmental Offices'' appropriation for the reimbursement
of Secret Service personnel in accordance with section 117 of
this Act.
Treasury Building and Annex Repair and Restoration
For the repair, alteration, and improvement of the Treasury
Building and Annex, $6,484,000, to remain available until
September 30, 1999.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
expenses of non-Federal law enforcement personnel to attend
meetings concerned with financial intelligence activities,
law enforcement, and financial regulation; not to exceed
$14,000 for official reception and representation expenses;
and for assistance to Federal law enforcement agencies, with
or without reimbursement; $22,835,000: Provided, That funds
appropriated in this account may be used to procure personal
service contracts.
Violent Crime Reduction Programs
(including transfer of funds)
For activities authorized by Public Law 103-322, to remain
available until expended, which shall be derived from the
Violent Crime Reduction Trust Fund, as follows:
(a) As authorized by section 190001(e), $88,000,000; of
which $21,528,000 shall be available to the Bureau of
Alcohol, Tobacco and Firearms, including $3,000,000 for
administering the Gang Resistance Education and Training
program, $6,000,000 for firearms trafficking initiatives
(including the Youth Crime Gun Initiative, Project LEAD, and
the National Tracing Center), $5,458,000 for increased
explosives inspections, $462,000 for laboratory and
investigative supplies, $5,000,000 for vehicles and
laboratory, communication, and information technology
equipment, and $1,608,000 for collection of information on
arson and explosives; of which $1,000,000 shall be available
to the Financial Crimes Enforcement Network; of which
$16,837,000 shall be available to the United States Secret
Service, including $9,323,000 for expenses related to White
House Security, $5,000,000 for investigations of
counterfeiting, and $2,514,000 for forensic support of
investigations of missing and exploited children, of which
$514,000 shall be available as a grant on September 30, 1998,
for activities related to the investigations of exploited
children and shall remain available until expended; of which
$43,635,000 shall be available for the United States Customs
Service, including $15,000,000 for high energy container x-
ray systems and automated targeting systems, $4,000,000 for
redeploying agents and inspectors to high threat drug zones,
$5,735,000 for laboratory modernization, $10,000,000 for
vehicle replacement, $7,800,000 for automated license plate
readers, and $1,100,000 for construction of canopies for
inspection of outbound vehicles along the Southwest border;
and of which $5,000,000 shall be available to the Counterdrug
Technology Assessment Center for a program to transfer
technology to State and local law enforcement agencies.
(b) As authorized by section 32401, $8,000,000 to the
Bureau of Alcohol, Tobacco and Firearms for disbursement
through grants, cooperative agreements, or contracts to local
governments for Gang Resistance Education and Training:
Provided, That notwithstanding sections 32401 and 310001,
such funds shall be allocated to State and local law
enforcement and prevention organizations.
(c) As authorized by section 180103, $1,000,000 to the
Federal Law Enforcement Training Center for specialized
training for rural law enforcement officers.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement
Training Center, as a bureau of the Department of the
Treasury, including materials and support costs of Federal
law enforcement basic training; purchase (not to exceed 52
for police-type use, without regard to the general purchase
price limitation) and hire of passenger motor vehicles; for
expenses for student athletic and related activities;
uniforms without regard to the general purchase price
limitation for the current fiscal year; the conducting of and
participating in firearms matches and presentation of awards;
for public awareness and enhancing community support of law
enforcement training; not to exceed $9,500 for official
reception and representation expenses; room and board for
student interns; and services as authorized by 5 U.S.C. 3109;
$64,663,000, of which up to $13,034,000 for materials and
support costs of Federal law enforcement basic training shall
remain available until September 30, 2000: Provided, That the
Center is authorized to accept and use gifts of property,
both real and personal, and to accept services, for
authorized purposes, including funding of a gift of intrinsic
value
[[Page H7459]]
which shall be awarded annually by the Director of the Center
to the outstanding student who graduated from a basic
training program at the Center during the previous fiscal
year, which shall be funded only by gifts received through
the Center's gift authority: Provided further, That
notwithstanding any other provision of law, students
attending training at any Federal Law Enforcement Training
Center site shall reside in on-Center or Center-provided
housing, insofar as available and in accordance with Center
policy: Provided further, That funds appropriated in this
account shall be available, at the discretion of the
Director, for: training United States Postal Service law
enforcement personnel and Postal police officers; State and
local government law enforcement training on a space-
available basis; training of foreign law enforcement
officials on a space-available basis with reimbursement of
actual costs to this appropriation; training of private
sector security officials on a space-available basis with
reimbursement of actual costs to this appropriation; and
travel expenses of non-Federal personnel to attend course
development meetings and training at the Center: Provided
further, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving
training at the Federal Law Enforcement Training Center,
except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available at the
end of the fiscal year: Provided further, That the Federal
Law Enforcement Training Center is authorized to provide
short term medical services for students undergoing training
at the Center.
acquisition, construction, improvements, and related expenses
For expansion of the Federal Law Enforcement Training
Center, for acquisition of necessary additional real property
and facilities, and for ongoing maintenance, facility
improvements, and related expenses, $32,548,000, to remain
available until expended.
Interagency Law Enforcement
interagency crime and drug enforcement
For expenses necessary for the detection and investigation
of individuals involved in organized crime drug trafficking,
including cooperative efforts with State and local law
enforcement, $73,794,000, of which $7,827,000 shall remain
available until expended.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$199,675,000, of which not to exceed $13,235,000 shall remain
available until September 30, 2000 for information systems
modernization initiatives: Provided, That beginning in fiscal
year 1998 and thereafter, there are appropriated such sums as
may be necessary to reimburse Federal Reserve banks in their
capacity as depositaries and fiscal agents for the United
States for all services required or directed by the Secretary
of the Treasury to be performed by such banks on behalf of
the Treasury or other Federal agencies.
Bureau of Alcohol, Tobacco and Firearms
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco
and Firearms, including purchase of not to exceed 650
vehicles for police-type use for replacement only and hire of
passenger motor vehicles; hire of aircraft; services of
expert witnesses at such rates as may be determined by the
Director; for payment of per diem and/or subsistence
allowances to employees where an assignment to the National
Response Team during the investigation of a bombing or arson
incident requires an employee to work 16 hours or more per
day or to remain overnight at his or her post of duty; not to
exceed $15,000 for official reception and representation
expenses; for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for
explosives and fire accelerants detection; and provision of
laboratory assistance to State and local agencies, with or
without reimbursement; $477,649,000; of which not to exceed
$1,000,000 shall be available for the payment of attorneys'
fees as provided by 18 U.S.C. 924(d)(2); and of which
$1,000,000 shall be available for the equipping of any
vessel, vehicle, equipment, or aircraft available for
official use by a State or local law enforcement agency if
the conveyance will be used in drug-related joint law
enforcement operations with the Bureau of Alcohol, Tobacco
and Firearms and for the payment of overtime salaries,
travel, fuel, training, equipment, and other similar costs of
State and local law enforcement officers that are incurred in
joint operations with the Bureau of Alcohol, Tobacco and
Firearms: Provided, That no funds made available by this or
any other Act may be used to transfer the functions,
missions, or activities of the Bureau of Alcohol, Tobacco and
Firearms to other agencies or Departments in the fiscal year
ending on September 30, 1998: Provided further, That no funds
appropriated herein shall be available for salaries or
administrative expenses in connection with consolidating or
centralizing, within the Department of the Treasury, the
records, or any portion thereof, of acquisition and
disposition of firearms maintained by Federal firearms
licensees: Provided further, That no funds appropriated
herein shall be used to pay administrative expenses or the
compensation of any officer or employee of the United States
to implement an amendment or amendments to 27 CFR 178.118 or
to change the definition of ``Curios or relics'' in 27 CFR
178.11 or remove any item from ATF Publication 5300.11 as it
existed on January 1, 1994: Provided further, That none of
the funds appropriated herein shall be available to
investigate or act upon applications for relief from Federal
firearms disabilities under 18 U.S.C. 925(c): Provided
further, That such funds shall be available to investigate
and act upon applications filed by corporations for relief
from Federal firearms disabilities under 18 U.S.C. 925(c):
Provided further, That no funds in this Act may be used to
provide ballistics imaging equipment to any State or local
authority who has obtained similar equipment through a
Federal grant or subsidy unless the State or local authority
agrees to return that equipment or to repay that grant or
subsidy to the Federal Government: Provided further, That no
funds under this Act may be used to electronically retrieve
information gathered pursuant to 18 U.S.C. 923(g)(4) by name
or any personal identification code.
laboratory facilities
For necessary expenses for construction of a new facility
or facilities to house the Bureau of Alcohol, Tobacco and
Firearms National Laboratory Center and the Fire
Investigation Research and Development Center, not to exceed
185,000 occupiable square feet, to remain available until
expended $55,022,000: Provided, That these funds shall not be
available until a prospectus of authorization for the
Laboratory Facilities is approved by the House Committee on
Transportation and Infrastructure and the Senate Committee on
Environment and Public Works.
United States Customs Service
salaries and expenses
For necessary expenses of the United States Customs
Service, including purchase and lease of up to 1,050 motor
vehicles for police-type use and commercial operations; hire
of motor vehicles; contracting with individuals for personal
services abroad; not to exceed $30,000 for official reception
and representation expenses; and awards of compensation to
informers, as authorized by any Act enforced by the United
States Customs Service; $1,526,078,000, of which such sums as
become available in the Customs User Fee Account, except sums
subject to section 13031(f)(3) of the Consolidated Omnibus
Reconciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)),
shall be derived from that Account; of the total, not to
exceed $150,000 shall be available for payment for rental
space in connection with preclearance operations, and not to
exceed $4,000,000 shall be available until expended for
research and not to exceed $5,000,000 shall be available
until expended for conducting special operations pursuant to
19 U.S.C. 2081 and up to $6,000,000 shall be available until
expended for the procurement of automation infrastructure
items, including hardware, software, and installation:
Provided, That uniforms may be purchased without regard to
the general purchase price limitation for the current fiscal
year: Provided further, That notwithstanding any other
provision of law, the fiscal year aggregate overtime
limitation prescribed in subsection 5(c)(1) of the Act of
February 13, 1911 (19 U.S.C. 261 and 267) shall be $30,000.
operations, maintenance and procurement, air and marine interdiction
programs
For expenses, not otherwise provided for, necessary for the
operation and maintenance of marine vessels, aircraft, and
other related equipment of the Air and Marine Programs,
including operational training and mission-related travel,
and rental payments for facilities occupied by the air or
marine interdiction and demand reduction programs, the
operations of which include the interdiction of narcotics and
other goods; the provision of support to Customs and other
Federal, State, and local agencies in the enforcement or
administration of laws enforced by the Customs Service; and,
at the discretion of the Commissioner of Customs, the
provision of assistance to Federal, State, and local agencies
in other law enforcement and emergency humanitarian efforts;
$97,258,000, which shall remain available until expended:
Provided, That no aircraft or other related equipment, with
the exception of aircraft which is one of a kind and has been
identified as excess to Customs requirements and aircraft
which has been damaged beyond repair, shall be transferred to
any other Federal agency, Department, or office outside of
the Department of the Treasury, during fiscal year 1998
without the prior approval of the House and Senate Committees
on Appropriations.
customs services at small airports
(to be derived from fees collected)
Beginning in fiscal year 1998 and thereafter, such sums as
may be necessary for expenses for the provision of Customs
services at certain small airports or other facilities when
authorized by law and designated by the Secretary of the
Treasury, including expenditures for the salary and expenses
of individuals employed to provide such services, to be
derived from fees collected by the Secretary pursuant to
section 236 of Public Law 98-573 for each of these airports
or other facilities when authorized by law and designated by
the Secretary, and to remain available until expended.
harbor maintenance fee collection
For administrative expenses related to the collection of
the Harbor Maintenance Fee, pursuant to Public Law 103-182,
$3,000,000, to be derived from the Harbor Maintenance Trust
Fund and to be transferred to and
[[Page H7460]]
merged with the Customs ``Salaries and Expenses'' account for
such purposes.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt
issues of the United States, $173,826,000, of which
$2,000,000 shall remain available until September 30, 2000
for information systems modernization initiatives: Provided,
That the sum appropriated herein from the General Fund for
fiscal year 1998 shall be reduced by not more than $4,400,000
as definitive security issue fees and Treasury Direct
Investor Account Maintenance fees are collected, so as to
result in a final fiscal year 1998 appropriation from the
General Fund estimated at $169,426,000, and in addition,
$20,000, to be derived from the Oil Spill Liability Trust
Fund to reimburse the Bureau for administrative and personnel
expenses for financial management of the Fund, as authorized
by section 102 of Public Law 101-380: Provided further, That
notwithstanding any other provisions of law, effective upon
enactment, the Bureau of the Public Debt shall be fully and
directly reimbursed by the funds described in Public Law 101-
136, title I, section 104, 103 Stat. 789 for costs and
services performed by the Bureau in the administration of
such funds.
Internal Revenue Service
processing, assistance, and management
For necessary expenses of the Internal Revenue Service, not
otherwise provided for; including processing tax returns;
revenue accounting; providing tax law and account assistance
to taxpayers by telephone and correspondence; matching
information returns and tax returns; management services;
rent and utilities; and inspection; including purchase (not
to exceed 150 for replacement only for police-type use) and
hire of passenger motor vehicles (31 U.S.C. 1343(b)); and
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner; $2,915,100,000, of which
up to $3,700,000 shall be for the Tax Counseling for the
Elderly Program, and of which not to exceed $25,000 shall be
for official reception and representation expenses.
tax law enforcement
(including rescission)
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; tax and
enforcement litigation; technical rulings; examining employee
plans and exempt organizations; investigation and enforcement
activities; securing unfiled tax returns; collecting unpaid
accounts; statistics of income and compliance research; the
purchase (for police-type use, not to exceed 850), and hire
of passenger motor vehicles (31 U.S.C. 1343(b)); and services
as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $3,108,300,000: Provided,
That of the funds made available under this heading in Public
Law 104-208, $10,000,000 are rescinded and in Public Law 104-
52, $4,500,000 are rescinded.
information systems
For necessary expenses for data processing and
telecommunications support for Internal Revenue Service
activities, including developmental information systems and
operational information systems; the hire of passenger motor
vehicles (31 U.S.C. 1343(b)); and services as authorized by 5
U.S.C. 3109, at such rates as may be determined by the
Commissioner, $1,292,500,000, which shall be available until
September 30, 1999: Provided, That under the heading
``Information Systems'' in Public Law 104-208 (110 Stat.
3009), the following is deleted: ``of which no less than
$130,075,000 shall be available for Tax Systems Modernization
(TSM) development and deployment''.
information technology investments
For necessary expenses for the capital asset acquisition of
information technology systems, including management and
related contractual costs of said acquisition, including
contractual costs associated with operations as authorized by
5 U.S.C. 3109, $326,000,000, which shall remain available
until September 30, 2000: Provided, That none of these funds
is available for obligation until September 30, 1998:
Provided further, That none of these funds shall be obligated
until the Internal Revenue Service and the Department of the
Treasury submits to Congress for approval, a plan for
expenditure that (1) implements the Internal Revenue
Service's Modernization Blueprint submitted to Congress on
May 15, 1997; (2) meets the information systems investment
guidelines established by the Office of Management and Budget
in the fiscal year 1998 budget; (3) has been reviewed and
approved by the Internal Revenue Service's Investment Review
Board, the Office of Management and Budget, and the
Department of the Treasury's Modernization Management Board,
and has been reviewed by the General Accounting Office; (4)
meets the requirements of the May 15, 1997 Internal Revenue
Service's Systems Life Cycle program; and (5) is in
compliance with acquisition rules, requirements, guidelines,
and systems acquisition management practices of the Federal
Government.
administrative provisions--internal revenue service
Section 101. Not to exceed 5 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the House and
Senate Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a
training program to ensure that Internal Revenue Service
employees are trained in taxpayers' rights, in dealing
courteously with the taxpayers, and in cross-cultural
relations.
Sec. 103. The funds provided in this Act for the Internal
Revenue Service shall be used to provide, as a minimum, the
fiscal year 1995 level of service, staffing, and funding for
Taxpayer Services.
Sec. 104. None of the funds appropriated by this title
shall be used in connection with the collection of any
underpayment of any tax imposed by the Internal Revenue Code
of 1986 unless the conduct of officers and employees of the
Internal Revenue Service in connection with such collection,
including any private sector employees under contract to the
Internal Revenue Service, complies with subsection (a) of
section 805 (relating to communications in connection with
debt collection), and section 806 (relating to harassment or
abuse), of the Fair Debt Collection Practices Act (15 U.S.C.
1692.)
Sec. 105. The Internal Revenue Service shall institute
policies and procedures which will safeguard the
confidentiality of taxpayer information.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase not to exceed 705 vehicles for police-type
use, of which 675 shall be for replacement only, and hire of
passenger motor vehicles; hire of aircraft; training and
assistance requested by State and local governments, which
may be provided without reimbursement; services of expert
witnesses at such rates as may be determined by the Director;
rental of buildings in the District of Columbia, and fencing,
lighting, guard booths, and other facilities on private or
other property not in Government ownership or control, as may
be necessary to perform protective functions; for payment of
per diem and/or subsistence allowances to employees where a
protective assignment during the actual day or days of the
visit of a protectee require an employee to work 16 hours per
day or to remain overnight at his or her post of duty; the
conducting of and participating in firearms matches;
presentation of awards; for travel of Secret Service
employees on protective missions without regard to the
limitations on such expenditures in this or any other Act if
approval is obtained in advance from the House and Senate
Committees on Appropriations; for repairs, alterations, and
minor construction at the James J. Rowley Secret Service
Training Center; for research and development; for making
grants to conduct behavioral research in support of
protective research and operations; not to exceed $20,000 for
official reception and representation expenses; for
sponsorship of a conference for the Women in Federal Law
Enforcement, to be held during fiscal year 1998; not to
exceed $50,000 to provide technical assistance and equipment
to foreign law enforcement organizations in counterfeit
investigations; for payment in advance for commercial
accommodations as may be necessary to perform protective
functions; and for uniforms without regard to the general
purchase price limitation for the current fiscal year;
$555,736,000.
acquisition, construction, improvement, and related expenses
For necessary expenses of construction, repair, alteration,
and improvement of facilities, $5,775,000, to remain
available until expended for the Secret Service's
Headquarters Building.
General Provisions--Department of the Treasury
Sec. 111. Any obligation or expenditure by the Secretary in
connection with law enforcement activities of a Federal
agency or a Department of the Treasury law enforcement
organization in accordance with 31 U.S.C. 9703(g)(4)(B) from
unobligated balances remaining in the Fund on September 30,
1998, shall be made in compliance with the reprogramming
guidelines contained in the House and Senate reports
accompanying this Act.
Sec. 112. Appropriations to the Treasury Department in this
Act shall be available for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance,
repairs, and cleaning; purchase of insurance for official
motor vehicles operated in foreign countries; purchase of
motor vehicles without regard to the general purchase price
limitations for vehicles purchased and used overseas for the
current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical
services to employees and their dependents serving in foreign
countries; and services authorized by 5 U.S.C. 3109.
Sec. 113. The funds provided to the Bureau of Alcohol,
Tobacco and Firearms for fiscal year 1998 in this Act for the
enforcement of the Federal Alcohol Administration Act shall
be expended in a manner so as not to diminish enforcement
efforts with respect to section 105 of the Federal Alcohol
Administration Act.
Sec. 114. Not to exceed 2 percent of any appropriations in
this Act made available to the Federal Law Enforcement
Training Center, Financial Crimes Enforcement Network, Bureau
of Alcohol, Tobacco and Firearms, U.S. Customs Service, and
U.S. Secret Service may be transferred between such
appropriations upon the advance approval of the
[[Page H7461]]
House and Senate Committees on Appropriations. No transfer
may increase or decrease any such appropriation by more than
2 percent.
Sec. 115. Not to exceed 2 percent of any appropriations in
this Act made available to the Departmental Offices, Office
of Inspector General, Financial Management Service, and
Bureau of the Public Debt, may be transferred between such
appropriations upon the advance approval of the House and
Senate Committees on Appropriations. No transfer may increase
or decrease any such appropriation by more than 2 percent.
Sec. 116. (a) The Bureau of Engraving and Printing and the
Department of the Treasury shall not award a contract for
Solicitation No. BEP-97-13(TN) or Solicitation No. BEP-96-
13(TN) until the General Accounting Office (GAO) has
completed a comprehensive analysis of the optimum
circumstances for government procurement of distinctive
currency paper. The GAO shall report its findings to the
House and Senate Committees on Appropriations no later than
August 1, 1998.
(b) The contractual term of the distinctive currency paper
``bridge'' contract shall not exceed 24 months, and the
contract shall not be effective until the Secretary of the
Department of the Treasury certifies that the price under the
terms of any ``bridge'' contract is fair and reasonable and
that the terms of any ``bridge'' contract are customary and
appropriate according to Federal procurement regulations. In
addition, the Secretary of the Treasury shall report to the
Committees on Appropriations on the price and profit levels
of any ``bridge'' contract at the time of certification.
Sec. 117. The Secretary of the Treasury shall pay from
amounts transferred to the ``Departmental Offices''
appropriation, up to $26,034 to reimburse Secret Service
personnel for any attorney fees and costs they incurred with
respect to investigation by the Department of the Treasury,
Inspector General concerning testimony provided to Congress:
Provided, That the Secretary of the Treasury shall pay an
individual in full upon submission by the individual of
documentation verifying the attorney fees and costs: Provided
further, That the liability of the United States shall not be
inferred from enactment of or payment under this provision:
Provided further, That the Secretary of the Treasury shall
not pay any claim filed under this section that is filed
later than 120 days after the date of enactment of this Act:
Provided further, That payment under this provision, when
accepted, shall be in full satisfaction of all claims of, or
on behalf of, the individual Secret Service agent who was the
subject of said investigation.
Sec. 118. (a)(1) Effective beginning on the date determined
under paragraph (2), the compensation and other emoluments
attached to the Office of Secretary of the Treasury shall be
those that would then apply if Public Law 103-2 (107 Stat. 4;
31 U.S.C. 301 note) had never been enacted.
(2) Paragraph (1) shall become effective on the later of--
(A) the day after the date on which the individual holding
the Office of Secretary of the Treasury on January 1, 1997,
ceases to hold that office; or
(B) the date of the enactment of this Act.
(3) Nothing in this subsection shall be considered to
affect the compensation or emoluments due to any individual
in connection with any period preceding the date determined
under paragraph (2).
(b) Subsection (b) of the first section of the public law
referred to in subsection (a)(1) of this section shall not
apply in the case of any appointment the consent of the
Senate to which occurs on or after the date of the enactment
of this Act.
(c) This section shall not be limited (for purposes of
determining whether a provision of this section applies or
continues to apply) to fiscal year 1998.
Sec. 119. (a) Requirement of Advance Submission of Treasury
Testimony.--During the fiscal year covered by this Act, any
officer or employee of the Department of the Treasury who is
scheduled to testify before the Committee on Appropriations
of the House of Representatives or the Senate, or any of its
subcommittees, shall, not less than 7 calendar days
(excluding Saturdays, Sundays, and Federal legal public
holidays) preceding the scheduled date of the testimony,
submit to the committee or subcommittee--
(1) a written statement of the testimony to be presented,
regardless of whether such statement is to be submitted for
inclusion in the record of the hearing; and
(2) any other written information to be submitted for
inclusion in the record of the hearing.
(b) Limitation on Treasury Clearance Process.--None of the
funds made available in this Act may be used for any
clearance process within the Department of the Treasury that
could cause a submission beyond the specified time, as
officially transmitted by the committee, of--
(1) any corrections to the transcript copy of testimony
given before the Committee on Appropriations of the House of
Representatives or the Senate, or any of its subcommittees;
or
(2) any information to be provided in writing in response
to an oral or written request by such committee or
subcommittee for specific information for inclusion in the
record of the hearing.
(b) Exception.--The time periods established in subsections
(a) and (b) shall not apply to any specific testimony, or
corrections, if the Secretary of the Treasury--
(1) determines that special circumstances prevent
compliance; and
(2) submits to the committee or subcommittee involved a
written notification of such determination, including the
Secretary's estimate of the time periods required for
specific testimony, information, or corrections.
Sec. 120. (a) New Rates of Basic Pay for United States
Secret Service Uniformed Division.--Section 501 of the
District of Columbia Police and Firemen's Salary Act of 1958,
as amended (D.C. Code, sec. 4-416), is amended--
(1) in subsection (b)(1), by striking ``Interior'' and all
that follows through ``Treasury,'' and inserting instead
``Interior'';
(2) by redesignating subsection (c) as subsection (b)(3);
(3) in subsection (b)(3) (as redesignated)--
(A) by striking ``or to officers and members of the United
States Secret Service Uniformed Division''; and
(B) by striking ``subsection (b) and inserting instead
``this subsection'';
(4) by adding after subsection (b) the following new
subsection:
``(c)(1) The annual rates of basic compensation of officers
and members of the United States Secret Service Uniformed
Division, serving in classes corresponding or similar to
those in the salary schedule in section 101, shall be fixed
in accordance with the following schedule of rates:
``SALARY SCHEDULE
----------------------------------------------------------------------------------------------------------------
Service Steps
``Salary class and title ---------------------------------------------------------------------------------
1 2 3 4 5 6 7 8 9
----------------------------------------------------------------------------------------------------------------
``Class 1: Private............ 29,215 30,088 31,559 33,009 35,331 37,681 39,128 40,593 42,052
``Class 4: Sergeant........... 39,769 41,747 43,728 45,718 47,715 49,713
``Class 5: Lieutenant......... 45,148 47,411 49,663 51,924 54,180
``Class 7: Captain............ 52,523 55,155 57,788 60,388
``Class 8: Inspector.......... 60,886 63,918 66,977 70,029
``Class 9: Deputy Chief....... 71,433 76,260 81,113 85,950
``Class 10: Assistant Chief... 84,694 90,324 95,967
``Class 11: Chief of the U.S.
Secret Service Uniformed
Division..................... 98,383 104,923
----------------------------------------------------------------------------------------------------------------
``(2) Effective at the beginning of the first applicable
pay period commencing on or after the first day of the month
in which an adjustment takes effect under section 5303 of
title 5, United States Code (or any subsequent similar
provision of law), in the rates of pay under the General
Schedule (or any subsequent similar provision of law), in the
rates of pay under the General Schedule (or any pay system
that may supersede such schedule), the annual rates of basic
compensation of officers and members of the United States
Secret Service Uniformed Division shall be adjusted by the
Secretary of the Treasury by an amount equal to the
percentage of such annual rate of pay which corresponds to
the overall percentage of the adjustment made in the rates of
pay under the General Schedule.
``(3) Locality-based comparability payments authorized
under section 5304 of title 5, United States Code, shall be
applicable to the basic pay under this section. However,
locality-based comparability payments may not be paid at a
rate which, when added to the rate of basic pay otherwise
payable to the officer or member, would cause the total to
exceed the rate of basic pay payable for level IV of the
Executive Schedule.
``(4) Pay may not be paid, by reason of any provision of
this subsection (disregarding any comparability payment
payable under Federal law), at a rate in excess of the rate
of basic pay payable for level V of the Executive Schedule
contained in subchapter II of chapter 53 of title 5, United
States Code.
``(5) Any reference in any law to the salary schedule in
section 101 with respect to officers and members of the
United States Secret Service Uniformed Division shall be
considered to be a reference to the salary schedule in
paragraph (1) of this subsection as adjusted in accordance
with this subsection.
[[Page H7462]]
``(6)(A) Except as otherwise permitted by or under law, no
allowance, differential, bonus, award, or other similar cash
payment under this title or under title 5, United Stated
Code, may be paid to an officer or member of the United
States Secret Service Uniformed Division in a calendar year
if, or to the extent that, when added to the total basic pay
paid or payable to such officer or member for service
performed in such calendar year as an officer or member,
such payment would cause the total to exceed the annual
rate of basic pay payable for level I of the Executive
Schedule, as of the end of such calendar year.
``(B) This paragraph shall not apply to any payment under
the following provisions of title 5, United States Code;
``(i) Subchapter III or VII of chapter 55, or section 5596;
``(ii) Chapter 57 (other than section 5753, 5754, or 5755);
or
``(iii) chapter 59 (other than section 5928).
``(7)(A) Any amount which is not paid to an officer or
member of the United States Secret Service Uniformed Division
in a calendar year because of the limitation under paragraph
(6) shall be paid to such officer or member in a lump sum at
the beginning of the following calendar year.
``(B) Any amount paid under this paragraph in a calendar
year shall be taken into account for purposes of applying the
limitations under paragraph (6) with respect to such calendar
year.
``(8) The Office of Personnel Management shall prescribe
regulations as may be necessary (consistent with section 5582
of title 5, United States Code) concerning how a lump-sum
payment under paragraph (7) shall be made with respect to any
employee who dies before an amount payable to such employee
under paragraph (7) is made.''.
(b) Conversion to New Salary Schedule.--
(1) Effective on the first day of the first pay period
beginning after the date of enactment of this section, the
Secretary of the Treasury shall fix the rates of basic pay
for members of the United States Secret Service Uniformed
Division as follows: Each officer and member receiving basic
compensation, immediately prior to the effective date of this
section, at one of the scheduled rates in the salary schedule
in section 101 of the District of Columbia Police and
Firemen's Salary Act of 1958, as adjusted by law and as in
effect prior to the effective date of this section, shall be
placed in and receive basic compensation at the corresponding
scheduled service step of the salary schedule outlined in
section 501(c) of such Act as added by subsection (a) of this
section; except that (A) the Assistant Chief and the Chief of
the United States Secret Service Uniformed Division shall be
placed in and receive basic compensation in salary class 10
and salary class 11, respectively, in the appropriate service
step in the new salary class in accordance such section
501(c), and (B) each member whose position is to be converted
to the salary schedule under such section 501(c), and who,
prior to the effective date of this section has earned, but
has not been credited with, an increase in his or her rate of
pay shall be afforded that increase before he or she is
placed in the corresponding service step in the salary
schedule under such section 501(c).
(2) Except in the cases of the Assistant Chief and the
Chief of the United States Secret Service Uniformed Division,
the conversion of positions and individuals to appropriate
classes of the salary schedule under section 501(c) of the
District of Columbia Police and Fireman's Salary Act of 1958
(D.C. Code, sec. 4-416(c)), as amended by subsection (a) of
this section, and the initial adjustments of rates of basic
pay of those positions and individuals, in accordance with
paragraph (1) of this subsection, shall not be considered to
be transfers or promotions within the meaning of section 304
of such Act.
(3) Each member whose position is converted to the salary
schedule under such section 501(c) shall be granted credit
for purposes of his or her first service step adjustment
under the salary schedule in such section 501(c) for all
satisfactory service performed by the member since his or her
last increase in basic pay prior to the adjustment under that
section.
(c) Limitation on Pay Period Earnings.--The first section
of the Act of August 15, 1950 (64 Stat. 447), as amended
(D.C. Code, section 4-1104), is amended--
(1) in subsection (h), by striking the phrase ``any officer
or member'' each place it appears and inserting instead ``an
officer or member of the Metropolitan Police force, of the
Fire Department of the District of Columbia, or of the
United States Park Police'';
(2) by redesignating subsection (h)(3) as subsection (i);
and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3)(A) No premium pay provided by this section shall be
paid to, and no compensatory time is authorized for, any
officer or member of the United States Secret Service
Uniformed Division whose rate of basic pay, combined with any
applicable locality-based comparability payment, equals or
exceeds the lesser of (I) 150 percent of the minimum rate
payable for grade GS-15 of the General Schedule (including
any applicable locality-based comparability payment under
section 5304 of title 5, United States Code or any similar
provision of law, and any applicable special rate of pay
under section 5305 of title 5, United States Code or any
similar provision of law) or (II) the rate payable for level
V of the Executive Schedule contained in subchapter II of
chapter 53 of title 5, United States Code.
``(B) In the case of any officer or member of the United
States Secret Service Uniformed Division whose rate of basic
pay, combined with any applicable locality-based
comparability payment, is less than the lesser of--
``(i) 150 percent of the minimum rate payable for grade GS-
15 of the General Schedule (including any applicable
locality-based comparability payment under section 5304 of
title 5, United States Code or any similar provision of law,
and any applicable special rate of pay under section 5305 of
title 5, United States Code or any similar provision of law);
or
``(ii) the rate payable for level V of the Executive
Schedule contained in subchapter II of chapter 53 of title 5,
United States Code, such premium pay may be paid only to the
extent that such payment would not cause such officer or
member's aggregate rate of compensation to exceed such lesser
amount with respect to any pay period.''.
(d) Savings Provision.--On the effective date of this
section, any existing special salary rates authorized for
members of the United States Secret Service Uniformed
Division under section 5305 of title 5, United States Code
(or any previous similar provision of law) and any special
rates of pay or special pay adjustment under sections 403-405
of the Federal Law Enforcement Pay Reform Act of 1990, as
amended, applicable to members of the United States Secret
Service Uniformed Division shall be rendered inapplicable.
(e) Conforming Amendment.--Sections 405(b)(1) and 405(c)(1)
of the Federal Law Enforcement Pay Reform Act of 1990 (104
Stat. 1466) are hereby repealed.
(f) Effective Date.--The provisions of this section shall
become effective on the first day of the first pay period
beginning after the date of enactment.
Sec. 121. Section 117 of the Treasury, Postal Service, and
General Government Appropriations Act, 1997 (as contained in
section 101(f) of division A of Public Law 104-208) is hereby
repealed.
Sec. 122. In tax-year 1998, and each tax-year thereafter,
the Internal Revenue Service shall pay qualified transmitters
who electronically forward and file tax returns (form 1040
and related information returns) properly formatted and
accepted by the Internal Revenue Service, up to $3.00 per
return so filed: Provided, That the transmitter provides the
necessary electronic filing service without charge to the
taxpayer whose return is so filed: Provided further, That in
those instances where the transmitter receives a tax return
from an electronic return originator (ERO) and/or a paid
preparer, the transmitter may only accept the payment from
the Internal Revenue Service if the ERO and/or the paid
preparer has certified to the Internal Revenue Service that
no fee was charged to the taxpayer for electronic filing of
the return: Provided further, That the Internal Revenue
Service shall reduce its paper returns processing seasonal
workforce commensurate with any increase in electronic filing
resulting from this initiative.
Sec. 123. Subsection (a) of section 5378, title 5 U.S.C.,
is amended to read as follows:
``(a) The Secretary of the Department of the Treasury, or
his designee, shall fix the rates of basic pay for positions
within the police forces of the United States Mint and the
Bureau of Engraving and Printing without regard to the
provisions of title 5, United States Code, except that no
entry-level police officer shall receive basic pay for a
calendar year that is less than the basic rate of pay for
General Schedule GS-7 and no executive security official
shall receive basic compensation for a calendar year that
exceeds the basic rate of pay for General Schedule GS-15.''
Sec. 124. (a) Notwithstanding any other provision of law,
paragraph (3)(A) of section 9703(g) of title 31, United
States Code, is amended--
(1) by striking ``1996, and 1997'';
(2) by inserting in lieu thereof ``and 1996''; and
(3) by adding at the end of the first sentence of (3)(A)
the following new sentence: ``No further transfers from the
Treasury Forfeiture Fund will be made to the Special
Forfeiture Fund after those amounts transferred from excess
unobligated balances at the end of fiscal year 1996.''
(b) Paragraph (3)(C) of section 9703(g) of title 31, United
States Code, is amended--
(1) by adding after the last sentence of that paragraph as
amended by Public Law 104-208, the following sentence:
``Unobligated balances remaining pursuant to section 4(B) of
9703(g) shall also be carried forward.''
(c) Paragraph (4)(B) of section 9703(g) of title 31, United
States Code, is amended--
(1) by striking ``, subject to subparagraph (C),'' from the
first and only sentence of that paragraph.
This title may be cited as the ``Treasury Department,
Appropriations Act, 1998''.
TITLE II--POSTAL SERVICE
Payments to the Postal Service Fund
payment to the postal service fund for revenue forgone
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$86,274,000: Provided, That mail for overseas voting and mail
for the blind shall continue
[[Page H7463]]
to be free: Provided further, That 6-day delivery and rural
delivery of mail shall continue at not less than the 1983
level: Provided further, That none of the funds made
available to the Postal Service by this Act shall be used to
implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support
enforcement agency, or any individual participating in a
State or local program of child support enforcement, a fee
for information requested or provided concerning an address
of a postal customer: Provided further, That none of the
funds provided in this Act shall be used to consolidate or
close small rural and other small post offices in the fiscal
year ending on September 30, 1998.
payment to the postal service fund for nonfunded liabilities
For payment to the Postal Service Fund for meeting the
liabilities of the former Post Office Department to the
Employees' Compensation Fund pursuant to 39 United States
Code 2004, $34,850,000.
This title may be cited as the ``Postal Service
Appropriations Act, 1998''.
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Compensation of the President and the White House Office
compensation of the president
For compensation of the President, including an expense
allowance at the rate of $50,000 per annum as authorized by 3
U.S.C. 102; $250,000: Provided, That none of the funds made
available for official expenses shall be expended for any
other purpose and any unused amount shall revert to the
Treasury pursuant to section 1552 of title 31, United States
Code: Provided further, That none of the funds made available
for official expenses shall be considered as taxable to the
President.
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; including
subsistence expenses as authorized by 3 U.S.C. 105, which
shall be expended and accounted for as provided in that
section; hire of passenger motor vehicles, newspapers,
periodicals, teletype news service, and travel (not to exceed
$100,000 to be expended and accounted for as provided by 3
U.S.C. 103); not to exceed $19,000 for official entertainment
expenses, to be available for allocation within the Executive
Office of the President; $51,199,000: Provided, That $873,000
of the funds appropriated may not be obligated until the
Director of the Office of Administration has submitted, and
the Committees on Appropriations of the House and Senate have
approved, a systems architecture plan, a milestone schedule
for the development and implementation of all projects
included in the systems architecture plan, and an estimate of
the funds required to support the fiscal year 1998 capital
investments associated with that plan: Provided further, That
$9,800,000 of the funds appropriated shall be available for
reimbursements to the White House Communications Agency.
EXECUTIVE RESIDENCE AT THE WHITE HOUSE
Operating Expenses
For the care, maintenance, repair and alteration,
refurnishing, improvement, heating and lighting, including
electric power and fixtures, of the Executive Residence at
the White House and official entertainment expenses of the
President, $8,045,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109-110, 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under section 3717
of title 31, United States Code: Provided further, That each
such amount that is reimbursed, and any accompanying interest
and charges, shall be deposited in the Treasury as
miscellaneous receipts: Provided further, That the Executive
Residence shall prepare and submit to the Committees on
Appropriations of the House of Representatives and the
Senate, by not later than 90 days after the end of the fiscal
year covered by this Act, a report setting forth the
reimbursable operating expenses of the Executive Residence
during the preceding fiscal year, including the total amount
of such expenses, the amount of such total that consists of
reimbursable official and ceremonial events, the amount of
such total that consists of reimbursable political events,
and the portion of each such amount that has been reimbursed
as of the date of the report: Provided further, That the
Executive Residence shall (1) implement a system for the
tracking of expenses related to reimbursable events within
the Executive Residence that includes a standard for the
classification of any such expense as political or
nonpolitical; and (2) prepare and submit to the Committees on
Appropriations of the House of Representatives and the
Senate, by not later than December 1, 1997, a report setting
forth a detailed description of such system and a schedule
for its implementation: Provided further, That no provision
of this paragraph may be construed to exempt the Executive
Residence from any other applicable requirement of subchapter
I or II of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House, $200,000, to remain
available until expended for renovation and relocation of the
White House laundry, to be expended and accounted for as
provided by 3 U.S.C. 105, 109-110, 112-114.
Special Assistance to the President and the Official Residence of the
Vice President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions, services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles; $3,378,000: Provided, That $69,800
of the funds appropriated may not be obligated until the
Director of the Office of Administration has submitted, and
the Committees on Appropriations of the House and Senate have
approved, a systems architecture plan, a milestone schedule
for the development and implementation of all projects
included in the systems architecture plan, and an estimate of
the funds required to support the fiscal year 1998 capital
investments associated with that plan.
operating expenses
For the care, operation, refurnishing, improvement, heating
and lighting, including electric power and fixtures, of the
official residence of the Vice President, the hire of
passenger motor vehicles, and not to exceed $90,000 for
official entertainment expenses of the Vice President, to be
accounted for solely on his certificate; $334,000: Provided,
That advances or repayments or transfers from this
appropriation may be made to any department or agency for
expenses of carrying out such activities.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council in carrying out its
functions under the Employment Act of 1946 (15 U.S.C. 1021),
$3,542,000.
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109, and 3
U.S.C. 107; $3,983,000: Provided, That $30,000 of the funds
appropriated may not be obligated until the Director of the
Office of Administration has submitted, and the Committees on
Appropriations of the House and Senate have approved, a
systems architecture plan, a milestone schedule for the
development and implementation of all projects included in
the system architecture plan, and an estimate of the funds
required to support the fiscal year 1998 capital investments
associated with that plan.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council,
including services as authorized by 5 U.S.C. 3109,
$6,648,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles $28,883,000,
of which $2,000,000 shall remain available until expended for
a capital investment plan which provides for the
modernization of the information technology infrastructure:
Provided, That $2,023,000 of the funds appropriated may not
be obligated until the Director of the Office of
Administration has submitted, and the Committees on
Appropriations of the House and Senate have approved, a
systems architecture plan, a milestone schedule for the
development and implementation of all projects included in
the system architecture plan, and an estimate of the funds
required to support the fiscal year 1998
[[Page H7464]]
capital investments associated with that plan.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles, services
as authorized by 5 U.S.C. 3109, $57,240,000, of which not to
exceed $5,000,000 shall be available to carry out the
provisions of 44 U.S.C. chapter 35: Provided, That, as
provided in 31 U.S.C. 1301(a), appropriations shall be
applied only to the objects for which appropriations were
made except as otherwise provided by law: Provided further,
That none of the funds appropriated in this Act for the
Office of Management and Budget may be used for the purpose
of reviewing any agricultural marketing orders or any
activities or regulations under the provisions of the
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the House and
Senate Committees on Appropriations or the House and Senate
Committees on Veterans' Affairs or their subcommittees:
Provided further, That this proviso shall not apply to
printed hearings released by the House and Senate Committees
on Appropriations or the House and Senate Committees on
Veterans' Affairs.
Office of National Drug Control Policy
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to title I
of Public Law 100-690; not to exceed $8,000 for official
reception and representation expenses; and for participation
in joint projects or in the provision of services on matters
of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement;
$43,516,000, of which $25,500,000 shall remain available
until expended, consisting of $1,000,000 for policy research
and evaluation and $24,500,000 for the Counter-Drug
Technology Assessment Center for counternarcotics research
and development projects of which $1,000,000 shall be
obligated for state conferences on model State drug laws and
of which $7,500,000 shall be available for a program to
transfer technology to State and local law enforcement
agencies: Provided, That the $24,500,000 for the Counter-Drug
Technology Assessment Center shall be available for transfer
to other Federal departments or agencies: Provided further,
That the Office is authorized to accept, hold, administer,
and utilize gifts, both real and personal, for the purpose of
aiding or facilitating the work of the Office.
Federal Drug Control Programs
high intensity drug trafficking areas program
(including transfer of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $146,207,000 for drug control activities consistent
with the approved strategy for each of the designated High
Intensity Drug Trafficking Areas, of which $5,000,000 shall
be used for a newly designated High Intensity Drug
Trafficking Area in the three State area of Kentucky,
Tennessee, and West Virginia; of which $1,000,000 shall be
used for a newly designated High Intensity Drug Trafficking
Area in central Florida; of which no less than $77,000,000
shall be transferred to State and local entities for drug
control activities, which shall be obligated within 120 days
of the date of enactment of this Act and up to $69,207,000
may be transferred to Federal agencies and departments at a
rate to be determined by the Director: Provided, That funding
shall be provided for existing High Intensity Drug
Trafficking Areas at no less than the fiscal year 1997 level.
special forfeiture fund
(including transfer of funds)
For activities to support a national anti-drug campaign for
youth, and other purposes, as authorized by Public Law 100-
690, as amended, $205,000,000, to remain available until
expended: Provided, That such funds may be transferred to
other Federal departments and agencies to carry out such
activities: Provided further, That of the amount provided,
$195,000,000 shall be to support a national media campaign,
to reduce and prevent drug use among young Americans:
Provided further, That none of the funds provided for the
support of a national media campaign may be obligated until
the Director, Office of National Drug Control Policy, submits
a strategy for approval to the Committees on Appropriations
of the House of Representatives and the Senate that includes
(1) a certification that funds will supplement and not
supplant current anti-drug community based coalitions; (2) a
certification that none of the funds will be used for
partisan political purposes; (3) an implementation plan for
securing private sector contributions including, but not
limited to, in-kind contributions; and (4) a system to
measure outcomes of success of the national media campaign:
Provided further, That of the funds provided for the support
of a national media campaign, $46,000,000 shall not be
obligated prior to September 30, 1998: Provided further, That
of the amount provided, $10,000,000 shall be to initiate a
program of matching grants to drug-free communities, as
authorized in the Drug-Free Communities Act of 1997.
This title may be cited as the ``Executive Office
Appropriations Act, 1998''.
TITLE IV--INDEPENDENT AGENCIES
Committee for Purchase From People Who are Blind or Severely Disabled
salaries and expenses
For necessary expenses of the Committee for Purchase From
People Who Are Blind or Severely Disabled established by the
Act of June 23, 1971, Public Law 92-28, $1,940,000.
Federal Election Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, as amended,
$30,350,000, of which no less than $2,500,000 shall be
available for internal automated data processing systems, and
of which not to exceed $5,000 shall be available for
reception and representation expenses: Provided, That of the
amounts appropriated for salaries and expenses, $750,000
shall be transferred to the General Accounting Office for the
sole purpose of entering into a contract with the private
sector for a management review, and technology and
performance audit, of the Federal Election Commission, and
$300,000 may be transferred to the Government Printing
Office.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services as authorized by 5 U.S.C. 3109,
including hire of experts and consultants, hire of passenger
motor vehicles, rental of conference rooms in the District of
Columbia and elsewhere; $21,803,000: Provided, That public
members of the Federal Service Impasses Panel may be paid
travel expenses and per diem in lieu of subsistence as
authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with
this account, to be available without further appropriation
for the costs of carrying out these conferences.
General Services Administration
federal buildings fund
limitations on availability of revenue
The revenues and collections deposited into the Fund shall
be available for necessary expenses of real property
management and related activities not otherwise provided for,
including operation, maintenance, and protection of federally
owned and leased buildings; rental of buildings in the
District of Columbia; restoration of leased premises; moving
governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with
the assignment, allocation and transfer of space; contractual
services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings
including grounds, approaches and appurtenances; care and
safeguarding of sites; maintenance, preservation, demolition,
and equipment; acquisition of buildings and sites by
purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites;
conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or
otherwise; construction of new buildings (including equipment
for such buildings); and payment of principal, interest, and
any other obligations for public buildings acquired by
installment purchase and purchase contract, in the aggregate
amount of $4,835,934,000, of which (1) $300,000,000 shall
remain available until expended, for Basic Repairs and
Alterations which includes associated design and construction
services: Provided, That additional projects for which
prospectuses have been fully approved may be funded under
this category only if advance approval is obtained from the
Committees on Appropriations of the House and Senate:
Provided further, That the amounts provided in this or any
prior Act for Repairs and Alterations may be used to fund
costs associated with implementing security improvements to
buildings necessary to meet the standards for security in
accordance with current law and in compliance with the
reprogramming guidelines of the appropriate Committees of the
House and Senate: Provided further, That funds made available
in this Act or any previous Act for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
originally made available, except each project may be
increased by an amount not to exceed 10 percent when advance
approval is obtained from the Committees on Appropriations of
the House and Senate of a greater amount: Provided further,
That the difference between the funds appropriated and
expended on any projects in this or any prior Act, under the
heading ``Repairs and Alterations'', may be transferred to
Basic Repairs and Alterations or used to fund authorized
increases in prospectus projects: Provided further, That the
amount provided in this or any prior Act for Basic Repairs
and Alterations may be used to pay claims against the
Government arising from any
[[Page H7465]]
projects under the heading ``Repairs and Alterations'' or
used to fund authorized increases in prospectus projects; (2)
$142,542,000 for installment acquisition payments including
payments on purchase contracts which shall remain available
until expended; (3) $3,607,129,000, to remain available until
expended, for building operations, leasing activities, and
rental of space; and (4) $680,543,000 which shall remain
available until expended for projects and activities
previously requested and approved under this heading in prior
fiscal years: Provided further, That for the purposes of this
authorization, and hereafter, buildings constructed pursuant
to the purchase contract authority of the Public Buildings
Amendments of 1972 (40 U.S.C. 602a), buildings occupied
pursuant to installment purchase contracts, and buildings
under the control of another department or agency where
alterations of such buildings are required in connection with
the moving of such other department or agency from buildings
then, or thereafter to be, under the control of the General
Services Administration shall be considered to be federally
owned buildings: Provided further, That funds available in
the Federal Buildings Fund may be expended for emergency
repairs when advance approval is obtained from the Committees
on Appropriations of the House and Senate: Provided further,
That amounts necessary to provide reimbursable special
services to other agencies under section 210(f)(6) of the
Federal Property and Administrative Services Act of 1949, as
amended (40 U.S.C. 490(f)(6)) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control as may be appropriate to enable the
United States Secret Service to perform its protective
functions pursuant to 18 U.S.C. 3056, as amended, shall be
available from such revenues and collections: Provided
further, That revenues and collections and any other sums
accruing to this Fund during fiscal year 1998, excluding
reimbursements under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
490(f)(6)) in excess of $4,835,934,000 shall remain in the
Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
policy and operations
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and oversight activities
associated with asset management activities; utilization and
donation of surplus personal property; transportation;
procurement and supply; Government-wide and internal
responsibilities relating to automated data management,
telecommunications, information resources management, and
related technology activities; utilization survey, deed
compliance inspection, appraisal, environmental and cultural
analysis, and land use planning functions pertaining to
excess and surplus real property; agency-wide policy
direction; Board of Contract Appeals; accounting, records
management, and other support services incident to
adjudication of Indian Tribal Claims by the United States
Court of Federal Claims; services as authorized by 5 U.S.C.
3109; and not to exceed $5,000 for official reception and
representation expenses; $107,487,000.
office of inspector general
For necessary expenses of the Office of Inspector General
and services authorized by 5 U.S.C. 3109, $33,870,000:
Provided, That not to exceed $10,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25,
1958, as amended (3 U.S.C. 102 note), and Public Law 95-138,
$2,208,000: Provided, That the Administrator of General
Services shall transfer to the Secretary of the Treasury such
sums as may be necessary to carry out the provisions of such
Acts.
General Services Administration--General Provisions
Sec. 401. The appropriate appropriation or fund available
to the General Services Administration shall be credited with
the cost of operation, protection, maintenance, upkeep,
repair, and improvement, included as part of rentals received
from Government corporations pursuant to law (40 U.S.C. 129).
Sec. 402. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 403. Funds in the Federal Buildings Fund made
available for fiscal year 1998 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations of the House and Senate.
Sec. 404. No funds made available by this Act shall be used
to transmit a fiscal year 1999 request for United States
Courthouse construction that (1) does not meet the design
guide standards for construction as established and approved
by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management
and Budget; and (2) does not reflect the priorities of the
Judicial Conference of the United States as set out in its
approved 5-year construction plan: Provided, That the fiscal
year 1999 request must be accompanied by a standardized
courtroom utilization study of each facility to be
constructed, replaced, or expanded.
Sec. 405. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency which does not pay the rate per square
foot assessment for space and services as determined by the
General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 406. Section 10 of the General Services Administration
General Provisions, Public Law 100-440, is hereby repealed.
Sec. 407. Funds provided to other Government agencies by
the Information Technology Fund, GSA, under 40 U.S.C. 757 and
sections 5124(b) and 5128 of Public Law 104-106, Information
Technology Management Reform Act of 1996, for performance of
pilot information technology projects which have potential
for Government-wide benefits and savings, may be repaid to
this Fund from any savings actually incurred by these
projects or other funding, to the extent feasible.
Sec. 408. The Administrator of the General Services is
directed to ensure that the materials used for the facade on
the United States Courthouse Annex, Savannah, Georgia project
are compatible with the existing Savannah Federal Building-
U.S. Courthouse facade, in order to ensure compatibility of
this new facility with the Savannah historic district and to
ensure that the Annex will not endanger the National Landmark
status of the Savannah historic district.
Sec. 409. (a) The Act entitled ``An Act to provide
retirement, clerical assistants, and free mailing privileges
to former Presidents of the United States, and for other
purposes'', approved August 25, 1958 (3 U.S.C. 102 note), is
amended by striking section 2.
(b) Section 3214 of title 39, United States Code, is
amended--
(1) in subsection (a) by striking ``(a) Subject to
subsection (b), a'' and inserting ``A''; and
(2) by striking subsection (b).
Sec. 410. There is hereby appropriated to the General
Services Administration such sums as may be necessary to
repay debts to the United States Treasury incurred pursuant
to section 6 of the Pennsylvania Avenue Development
Corporation Act of 1972, as amended (Public Law 92-578, 86
Stat. 1266, 40 U.S.C. 875), and in addition such amounts as
are necessary for payment of interest and premiums, if any,
related to such debts.
Sec. 411. From funds made available under the heading
``Federal Buildings Fund Limitations on Revenue,'' claims
against the Government of less than $250,000 arising from
direct construction projects and acquisition of buildings may
be liquidated from savings effected in other construction
projects with prior notification to the Committees on
Appropriations of the House and Senate.
Sec. 412. (a) In General.--Notwithstanding any other
provision of law, the Administrator of General Services shall
sell the property described in subsection (b) through a
process of competitive bidding, in accordance with procedures
and requirements applicable to such a sale under section
203(e) of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 484(e)).
(b) Property Described.--The property referred to in
subsection (a) is the property known as the Bakersfield
Federal Building, located at 800 Truxton Avenue in
Bakersfield, California, including the land on which the
building is situated and all improvements to such building
and land.
Mr. KOLBE (during the reading). Mr. Chairman, I ask unanimous consent
that the bill through page 65, line 11, be considered as read, printed
in the Record, and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
Arizona?
There was no objection.
The CHAIRMAN pro tempore. Are there any points of order to that
portion of the bill through page 65 line 11?
Point of Order
Mr. COLLINS. Mr. Chairman, I make a point of order against an item
within the bill found on page 15, line 7 through 11, on the ground that
it violates clause 2(b) of rule XXI of the Rules of the House.
The CHAIRMAN pro tempore. Will the gentleman identify the proviso
that begins on line 7.
Mr. COLLINS. On page 15, line 7 through 11.
The CHAIRMAN pro tempore. Does any other Member wish to be heard on
the point of order?
Mr. HOYER. Mr. Chairman, we would concede to the point of order that
the gentleman from Georgia [Mr. Collins] has raised.
Mr. KOLBE. Mr. Chairman, I concede the point of order.
The CHAIRMAN pro tempore. The point of order is conceded and
sustained. The proviso that begins on line 7 is stricken from the bill.
[[Page H7466]]
Are there any further points of order against that portion of the
bill through page 65, line 11?
Are there any amendments to that portion of the bill?
Amendment Offered by Mr. Blagojevich
Mr. BLAGOJEVICH. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. Has the gentleman from Illinois supplied
the desk with the amendment?
Mr. BLAGOJEVICH. Yes. We have plenty of copies.
Mr. KOLBE. Mr. Chairman, I would reserve a point of order, not being
sure which amendment.
The CHAIRMAN pro tempore. The point of order is reserved.
The Clerk will report the amendment.
The Clerk read as follows:
Amendment offered by Mr. Blagojevich:
Page 5, line 6, after the first dollar amount, insert the
following: ``(reduced by $1,000,000)''.
Page 12, line 2, after the dollar amount, insert the
following: ``(increased by $1,000,000)''.
Mr. BLAGOJEVICH. Mr. Chairman, I will be very brief.
The amendment that I am sponsoring today with my colleague, the
gentleman from Massachusetts [Mr. Meehan], is simple and
straightforward. Our amendment will appropriate $1 million in the
Treasury-Postal appropriations bill to be used to expand the Bureau of
Alcohol, Tobacco and Firearms Youth Crime Gun Interdiction Initiative,
an initiative which works with local law enforcement officials to trace
the source of illegal guns found in the possession of juvenile
criminals.
Mr. HOYER. Mr. Chairman, will the gentleman yield?
Mr. BLAGOJEVICH. I yield to the gentleman from Maryland.
Mr. HOYER. Mr. Chairman, I thank the gentleman for his amendment. And
on our behalf, we would certainly accept the amendment.
I yield back to the gentleman.
Mr. KOLBE. Mr. Chairman, will the gentleman yield?
Mr. BLAGOJEVICH. I yield to the gentleman from Arizona.
Mr. KOLBE. Mr. Chairman, I withdraw my reservation of a point of
order, and I accept the amendment of the gentleman from Illinois [Mr.
Blagojevich]. But I would like to note that I do have concerns about
other high priorities in this bill that are not being met at this time.
The amendment would rescind, as the gentleman from Illinois [Mr.
Blagojevich] has pointed out, the $1 million funding for the Inspector
General of the Treasury and place that money in the Bureau of Alcohol,
Tobacco and Firearms for funding of the youth programs. And I would
accept that amendment.
Mr. BLAGOJEVICH. I thank the gentleman from Arizona [Mr. Kolbe], and
again, I want to thank the ranking member.
Before yielding back the balance of my time, I would simply close by
saying that both the gentleman from Arizona [Mr. Kolbe], the chairman,
and the gentleman from Maryland [Mr. Hoyer] are great Members worth
emulating; and since they were complimentary to their staffs, I would
like to thank my staffer, Deanne Benos, for her work, as well as the
staffer of the gentleman from Massachusetts [Mr. Meehan], Glen. I do
not know his last name. I only met him 7 minutes ago. But he seemed to
be very devoted and diligent, and I want to thank Glen for his help, as
well.
Mr. Chairman, I rise to urge support for an amendment I am offering
in conjunction with Mr. Meehan to increase funding for the Bureau of
Alcohol, Tobacco and Firearms Youth Crime Gun Interdiction Initiative
by $1 million. This successful program has proven to be an effective
blueprint for local law enforcement in shutting the doors of the black
market of illegal guns that supplies juvenile criminals.
Crimes committed with increasingly accessible available guns account
almost entirely for the terrible surge of violent crime by youths that
the Nation has experienced over the past decade. In my hometown of
Chicago, where 15,000 to 20,000 crime guns are confiscated by police
each year, the plague of gun violence has become the leading cause of
death for teenagers, and individuals too young to purchase handguns
legally, commit the largest number of firearm homicides than any other
age group.
As a matter of fact, gun crime is virtually the only type of juvenile
crime that is on the rise in our Nation. While juvenile arrests for
homicides with guns have quadrupled, arrests for most crimes without
guns haven't risen since 1984.
Now more than ever, law enforcement officials need to get to the
source of these guns. We are learning that combating juvenile crime
goes beyond simply apprehending the culprit. There are deeper layers to
this problem that must be examined: Most notably, cutting off the
illegal flow of these weapons to young criminals and gang members
through both black markets and the iron pipeline that supplies guns to
criminals in States with tough guns laws from States with weaker gun
laws.
For the past year, the Youth Crime Gun Interdiction Initiative has
created partnerships in 17 cities throughout our Nation to trace guns
used in juvenile crimes. In the program's first year, 37,000 crime guns
were traced back to their sources. On many occasions, this information
has led to the arrest of individuals who supply guns to young people--
young people who later use them to commit violent crimes.
By expanding the volume of tracing, participating cities have not
only provided data needed to identify community crime patterns, but
have contributed important analyses that can be useful in deciding how
best to focus investigative resources to reduce the illegal firearms
supply that has had such a devastating effect on our Nation's youth.
Studies from the program have also led us to some startling, yet
helpful information that is leading local law enforcement officials in
communities across our Nation to decide how best to focus investigative
resources to reduce the illegal firearms supply used in violent crime.
As a representative of the city of Chicago, I look forward to the
expansion of this successful program, which will give our law
enforcement officials more tools to stop violent juvenile crime I urge
adoption of the amendment.
The CHAIRMAN pro tempore. The question is on the amendment offered by
the gentleman from Illinois [Mr. Blagojevich].
The amendment was agreed to.
The CHAIRMAN pro tempore. Are there further amendments to the portion
of the bill read through page 65, line 11?
Amendment Offered by Mr. Sununu
Mr. SUNUNU. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. Will the gentleman supply the Clerk with a
copy of the amendment.
Mr. HOYER. Reserving a point of order, Mr. Chairman, I do not have
the amendment in front of me.
The CHAIRMAN pro tempore. A point of order is reserved.
The Clerk will report the amendment.
The Clerk read as follows:
Amendment offered by Mr. Sununu:
Page 50, line 7, after ``chapter 35'' insert the following:
``including $200,000 to be used under those provisions to
coordinate implementation of chapter 8 of title 5, United
States Code (popularly known as the Congressional Review
Act)''.
Mr. HOYER. Mr. Chairman, will the gentleman yield?
Mr. SUNUNU. I yield to the gentleman from Maryland.
Mr. HOYER. Mr. Chairman, if the gentleman is amenable to this, we
quickly reviewed the amendment. We believe if his staff indicates that
there may be flex, because this is a very small number, that we would
not object to this amendment.
Mr. SUNUNU. Mr. Chairman, I am pleased that the gentleman will accept
the amendment, and I will yield back the balance of my time.
The CHAIRMAN pro tempore. Does the gentleman from Maryland withdraw
his reservation of a point of order?
Mr. HOYER. Yes, sir, I do.
Mr. KOLBE. Mr. Chairman, I also accept the amendment. I would like to
reserve the option to review the resource requirements that OMB has
when this bill proceeds to conference with the Senate. I realize it
does not create any new money, but it earmarks money within the OMB.
What the gentleman from New Hampshire [Mr. Sununu] is trying to do I
think is correct, to provide for efficient implementation of the
Congressional Review Act, but I would simply like to review this issue
when it does get to conference. But I would accept the amendment of the
gentleman from New Hampshire.
Mr. SUNUNU. Mr. Chairman, if the gentleman will yield, I thank him
very much. Just to emphasize that point, this allocates $200,000 of the
$5 million reserved for administrative cost at
[[Page H7467]]
OMB to implement an important piece of the legislation, the
Congressional Review Act, that was passed as part of the 104th Congress
to try to ensure proper congressional oversight on new rules and
regulations that have a tremendous effect on small business.
The CHAIRMAN pro tempore. The question is on amendment offered by the
gentleman from New Hampshire [Mr. Sununu].
The amendment was agreed to.
The CHAIRMAN pro tempore. Are there further amendments to this
portion of the bill as read?
If not, the Clerk will read.
The Clerk read as follows:
Sec. 413. Section 201(b) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481) as
amended to read as follows:
``(b) The Administrator shall as far as practicable provide
any of the services specified in subsection (a) of this
section to any other Federal agency, mixed ownership
corporation (as defined in chapter 91 of title 31, United
States Code), or the District of Columbia, upon its
request.''.
Point of Order
Mr. DAVIS of Virginia. Mr. Chairman, I make a point of order against
language on page 65, lines 12 through 20, because it proposes to change
existing law and constitutes legislation in an appropriation bill and
therefore violates clause 2 of rule XXI.
The rule states, in pertinent part, that ``no amendment to a general
appropriation bill shall be in order if changing existing law.''
The amendment modifies existing powers and duties and changes
existing law. I would ask for a ruling from the Chair.
The CHAIRMAN pro tempore. Does the gentlewoman from Kentucky [Ms.
Northup] desire to be heard on the point of order?
Ms. NORTHUP. Mr. Chairman, regarding the point of order, I understand
that this probably will be considered legislating on appropriations, to
be subject to the point of order. However, I want to reserve my right
to strike the last word and speak to the merits of it when this is
concluded.
The CHAIRMAN pro tempore. Does any other Member desire to be heard on
the point of order?
Mr. HOYER. Mr. Chairman, we concede the point of order.
Mr. KOLBE. Mr. Chairman, we also concede the point of order. This was
a spirited debate in our subcommittee and full committee, but it is
clearly, given the fact of the circumstances under which this bill has
been brought to the floor, it is legislation on an appropriation and
clearly would not be protected as a result of that.
The CHAIRMAN pro tempore. Does any other Member wish to be heard on
the point of order?
Mr. MORAN of Virginia. Mr. Chairman, I would ask be heard on the
point of order. I will not take but a few seconds.
As the Chair and ranking member have said, this was fully debated in
the full committee consideration. It clearly is legislation on an
appropriation bill. It belongs in government operations. It does not
belong on an appropriations bill. I personally think the Cooperative
Purchasing Agreement is a good government measure. I am glad that it is
in this bill, and it certainly does not deserve to be taken out by an
amendment that is not in order for debate.
So I strongly support the point of order having been raised, and I
thank the chairman for his attention.
The CHAIRMAN pro tempore. Does any other Member wish to be heard on
the point of order?
If not, the point of order is conceded and sustained and section 413
is stricken from the bill.
Ms. NORTHUP. Mr. Chairman, I move to strike the last word.
Mr. Chairman, recognizing that the provisions of the Cooperative
Purchasing Agreement have been struck, I do want to bring to the
attention of the House that the language that was struck was passed in
its entirety by the Senate and that that language was also voted by the
Committee on Appropriations to be included in this bill.
So while it has been struck on the technical provisions, I do think
that the intent and the interest and the perspective of the Committee
on Appropriations, the entire committee in the House and the Senate,
are clear on this issue. And so I look forward in the conference
committee to look at this again and to see if we cannot resolve the
questions that divide us.
In particular, I want to bring up that the blind community is very
concerned about the fact that the complete repeal repealed provisions
that have allowed them for many years, under other statutes, to engage
in certain business arrangements with the Federal Government and local
and State governments.
While I understand that they support the repeal with regard to State
and local governments, they do have concerns about their continued
operations of the supply depots. I think it is very important, when we
iron out these substantive problems that we have, that we make sure
that we do not do anything that would upset the existing arrangement
with that community.
The CHAIRMAN pro tempore. The Clerk will read.
The Clerk read as follows:
Federal Payment to Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation
For payment to the Morris K. Udall Scholarship and
Excellence in National Environmental Trust Fund, to be
available for purposes of Public Law 102-259, $2,000,000, to
remain available until expended.
John F. Kennedy Assassination Records Review Board
For the necessary expenses to carry out the John F. Kennedy
Assassination Records Collection Act of 1992, $1,600,000:
Provided, That $100,000 shall be available only for the
purposes of the prompt and orderly termination of the John F.
Kennedy Assassination Records Review Board, to be concluded
no later than September 30, 1998.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, and direct procurement of
survey printing, $25,290,000, together with not to exceed
$2,430,000 for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the
Merit Systems Protection Board.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the
administration of the National Archives (including the
Information Security Oversight Office) and records and
related activities, as provided by law, and for expenses
necessary for the review and declassification of documents,
and for the hire of passenger motor vehicles, $202,354,000:
Provided, That the Archivist of the United States is
authorized to use any excess funds available from the amount
borrowed for construction of the National Archives facility,
for expenses necessary to provide adequate storage for
holdings.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities and presidential libraries, and to provide
adequate storage for holdings, $10,650,000, to remain
available until September 30, 1999.
National Historical Publications and Records Commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, as amended. $5,500,000, to remain available
until expended.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, as amended by Public Law 100-598, and the Ethics
Reform Act of 1989, Public Law 101-194, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger
motor vehicles, and not to exceed $1,500 for official
reception and representation expenses; $8,078,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
the Office of Personnel Management and the Federal Bureau of
Investigation for expenses incurred under Executive Order
10422 of January 9, 1953, as amended; and payment of per diem
and/or subsistence allowances to employees where
[[Page H7468]]
Voting Rights Act activities require an employee to remain
overnight at his or her post of duty; $85,350,000; and in
addition $91,236,000 for administrative expenses, to be
transferred from the appropriate trust funds of the Office of
Personnel Management without regard to other statutes,
including direct procurement of printed materials, for the
retirement and insurance programs: Provided, That the
provisions of this appropriation shall not affect the
authority to use applicable trust funds as provided by
section 8348(a)(1)(B) of title 5, United States Code:
Provided further, That, except as may be consistent with 5
U.S.C. 8902a(f)(1) and (i), no payment may be made from the
Employees Health Benefits Fund to any physician, hospital, or
other provider of health care services or supplies who is, at
the time such services or supplies are provided to an
individual covered under chapter 89 of title 5, United States
Code, excluded, pursuant to section 1128 or 1128A of the
Social Security Act (42 U.S.C. 1320a-7-1320a-7a), from
participation in any program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.): Provided further, That
no part of this appropriation shall be available for salaries
and expenses of the Legal Examining Unit of the Office of
Personnel Management established pursuant to Executive Order
9358 of July 1, 1943, or any successor unit of like purpose:
Provided further, That the President's Commission on White
House Fellows, established by Executive Order 11183 of
October 3, 1964, may, during the fiscal year ending September
30, 1998, accept donations of money, property, and personal
services in connection with the development of a publicity
brochure to provide information about the White House
Fellows, except that no such donations shall be accepted for
travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act,
as amended, including services as authorized by 5 U.S.C.
3109, hire of passenger motor vehicles, $960,000; and in
addition, not to exceed $8,645,000 for administrative
expenses to audit the Office of Personnel Management's
retirement and insurance programs, to be transferred from the
appropriate trust funds of the Office of Personnel
Management, as determined by the Inspector General: Provided,
That the Inspector General is authorized to rent conference
rooms in the District of Columbia and elsewhere.
government payment for annuitants, employees health benefits
For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849), as amended, such sums as may be
necessary.
Government Payment for Annuitants, Employee Life Insurance
For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by
chapter 87 of title 5, United States Code, such sums as may
be necessary.
Payment to Civil Service Retirement and Disability Fund
For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20,
1969, as authorized by 5 U.S.C. 8348, and annuities under
special Acts to be credited to the Civil Service Retirement
and Disability Fund, such sums as may be necessary: Provided,
That annuities authorized by the Act of May 29, 1944, as
amended, and the Act of August 19, 1950, as amended (33
U.S.C. 771-75), may hereafter be paid out of the Civil
Service Retirement and Disability Fund.
Office of Special Counsel
Salaries and Expenses
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law
101-12), Public Law 103-424, and the Uniformed Services
Employment and Reemployment Act of 1994 (Public Law 103-353),
including services as authorized by 5 U.S.C. 3109, payment of
fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of
passenger motor vehicles; $8,116,000.
United States Tax Court
Salaries and Expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $33,921,000:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.
This title may be cited as the ``Independent Agencies
Appropriations Act, 1998''.
TITLE V--GENERAL PROVISIONS
This Act
Section 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 503. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930.
Sec. 504. None of the funds made available by this Act
shall be available in fiscal year 1998 and hereafter, for the
purpose of transferring control over the Federal Law
Enforcement Training Center located at Glynco, Georgia, and
Artesia, New Mexico, out of the Treasury Department.
Sec. 505. No part of any appropriation contained in this
Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such
other officer or employee in any way, irrespective of whether
such communication or contact is at the initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 506. The Office of Personnel Management may, during
the fiscal year ending September 30, 1998, and hereafter,
accept donations of supplies, services, land, and equipment
for the Federal Executive Institute and Management
Development Centers to assist in enhancing the quality of
Federal management.
Sec. 507. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his period
of active military or naval service and has within 90 days
after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year made application for restoration to his former position
and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his former
position and has not been restored thereto.
Sec. 508. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 509. (a) Purchase of American-Made Equipment and
Products.--In the case of any equipment or products that may
be authorized to be purchased with financial assistance
provided under this Act, it is the sense of the Congress that
entities receiving such assistance should, in expending the
assistance, purchase only American-made equipment and
products.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the Secretary of the
Treasury shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by the
Congress.
Sec. 510. If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, such
person shall be ineligible to receive any contract or
subcontract made with funds provided pursuant to this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 511. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 1998 from appropriations
made available for salaries and expenses for fiscal year 1998
in this Act, shall remain available through September 30,
1999, for each such account for the purposes authorized:
Provided, That a request shall be submitted to the House and
Senate Committees on Appropriations for approval prior to the
expenditure of such funds.
Sec. 512. None of the funds made available in this Act may
be used by the Executive Office of the President to request
from the Federal Bureau of Investigation any official
[[Page H7469]]
background investigation report on any individual, except
when it is made known to the Federal official having
authority to obligate or expend such funds that--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 513. Notwithstanding any other provision of law, no
part of any appropriation contained or otherwise made
available in this Act for any fiscal year shall be available
for paying Sunday premium or night differential pay to any
employee unless such employee actually performed work during
the time corresponding to such premium or differential pay,
except that differential pay may be paid to an employee in a
paid leave status if that employee is permanently assigned to
work a shift entitled to such pay and has been in night
differential pay status for a minimum of 26 weeks immediately
prior to the date of paid leave.
Sec. 514. In addition to any other amount appropriated for
the salaries and expenses of the Federal Election Commission
in this Act, for necessary expenses of the Commission for
internal automated data processing systems, $4,200,000, to
remain available until expended except that such amount shall
not be available for obligation until the conditions set
forth in section 515(a) (requiring the filling of Commission
vacancies and prohibiting the reappointment of Commission
members) have been satisfied.
Sec. 515. (a) Conditions on Additional Funds for FEC.--The
additional amount provided in this Act under the heading
``Federal Election Commission--Salaries and Expenses'' for
internal automated data processing systems of the Federal
Election Commission shall not be available for obligation
until--
(1) all vacancies that existed in the membership of the
Commission as of July 15, 1997, have been filled; and
(2) there is enacted into law a prohibition on the
reappointment of members of the Commission.
(b) Prohibiting Reappointment of Members of Federal
Election Commission.--
(1) In general.--Section 306(a)(2)(A) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 437c(a)(2)(A)) is
amended by striking ``for terms of 6 years'' and inserting
``for a single term of 6 years''.
(2) Effective date; transition rule.--
(A) In general.--The amendment made by paragraph (1) shall
apply with respect to individuals appointed as members of the
Federal Election Commission on or after the date of the
enactment of this Act.
(B) Treatment of current commissioners.--No individual
serving as a member of the Federal Election Commission as of
the date of the enactment of this Act may be reappointed as a
member of the Commission after the expiration of the
individual's current term of service.
(3) Coordination of provisions.--The amendment made by
paragraph (1) shall be considered to satisfy the condition
set forth in subsection (a)(2).
{time} 1445
Mr. HOYER (during the reading). Mr. Chairman, I ask unanimous consent
that the text of the bill through page 80, line 6, up to but not
including section 516, be considered as read, printed in the Record,
and open to amendment at any point.
The CHAIRMAN pro tempore (Mr. LaTourette). Is there objection to the
request of the gentleman from Maryland?
There was no objection.
The CHAIRMAN pro tempore. Are there points of order to the portion of
the bill now read, from section 502 to 516, up to but not including
section 516? Are there amendments to that portion of the bill?
If not, the Clerk will read.
The Clerk read as follows:
Sec. 516. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefit program which provides any benefits
or coverage for abortions.
Amendment Offered by Mrs. Lowey
Mrs. LOWEY. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mrs. Lowey:
Page 80, strike lines 7 through 15.
The CHAIRMAN pro tempore. The Chair would note that the gentlewoman's
amendment touches not only section 516, but also section 517. Is there
objection to its being considered at this time?
There was no objection.
Mr. KOLBE. Mr. Chairman, I ask unanimous consent that all debate on
this amendment and all amendments thereto close in 20 minutes and that
the time be equally divided.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
The CHAIRMAN pro tempore. The gentlewoman from New York [Mrs. Lowey]
and the gentleman from New Jersey [Mr. Smith] each will control 10
minutes.
The Chair recognizes the gentlewoman from New York [Mrs. Lowey].
Mrs. LOWEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the Lowey-Hoyer-Morella amendment will allow Federal
employees to choose a health care plan that covers the full range of
reproductive health care services just like other American workers.
Right now women working for the Federal Government are the only group
of American women legally prohibited from obtaining employer-provided
insurance that includes abortion coverage. These women cannot use their
own money. Remember, it is their salary. They cannot use their own
money to purchase such coverage.
Let me be very clear. Congress has taken away the right to choose for
more than 1 million American women of reproductive age who rely on
FEHBP for their medical care. Two years ago, before we enacted this
ban, just about half of the plans covered abortion services. Now women
relying on FEHBP for health care must go to an abortion provider on
their own and pay for the services out of their own pocket. This
prohibition has made it more difficult and more dangerous for Federal
employees to get an abortion.
Let me give Members an example, real life, what this is all about. I
received a letter from a woman in Alabama whose story shows how
destructive lack of coverage for abortion services can be. Kim Mathis
and her husband, who works for the Federal prison in their town, were
expecting twins, but during the pregnancy things went terribly wrong.
They learned that the twins had a rare malady with many complications,
and there was a very slim chance of either twin surviving the
pregnancy.
After consulting with the doctor, Kim and her husband made what she
calls ``the hardest decision of my life,'' to terminate the pregnancy.
Knowing that that kind of abortion could cost up to $12,000, the doctor
asked them about their insurance. They went home, checked the booklet
for the insurance they had through Kim's husband's job at the Federal
prison, and saw that all legal abortions were covered. Unfortunately,
their booklet was 1 year old.
After the procedure was done, they started getting notices from the
insurance company stating that their claims were denied. They found out
that because of the law enacted by Congress in November 1995, their
coverage for abortion had been terminated. Soon the hospital began
harassing them for payment, turned the case over to a collections
agency, and after receiving threatening letters and phone calls at
work, they were forced to file for bankruptcy.
As Kim wrote to me in a letter, ``Our lives and financial future have
been ruined. Families like ours should not have to go bankrupt in order
to receive appropriate medical care.''
We have been wrong, my colleagues, for the last 2 years to pass this
restriction. I urge Members to vote for the Lowey-Hoyer-Morella
amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. SMITH of New Jersey. Mr. Chairman, I yield myself such time as I
may consume.
First of all, Mr. Chairman, I want to thank the gentleman from
Louisiana [Mr. Livingston] for his very humane and courageous
leadership in ensuring that the legislation before the body today does
not have an authorization to provide money to pay for abortion. The
Livingston amendment, which is a continuous effort that has been made
over the years going back to the early 1980's when I first offered this
amendment to the Treasury-Postal bill, ensures that taxpayers and
premium payers do not subsidize abortion on demand, and that is what
the issue is before us today.
Let me make it very clear that taxpayers pay into this program
approximately 73 percent of the total funding for our health insurance.
The premium payers, and that is all of us, myself included, and my
other colleagues, we pay the remaining 27 percent. But the major share,
three-fourths of the money that goes into the Federal Employees Health
Benefits Program
[[Page H7470]]
comes from the U.S. taxpayers, and they have shown consistently in
every poll that they do not want to pay for abortions on demand.
The Hyde amendment and the vote that we had last week, one of the
high water marks in terms of the votes that were garnered for the Hyde
amendment, make it very clear that even people who take the other side
of this issue recognize that there are many of us who conscientiously
believe we should have no complicity in the killing or the maiming of
unborn children.
Let me also say, Mr. Chairman, and this does afford us this
opportunity, that when we talk about abortion, we very often sanitize
it. We try to treat it euphemistically. Some people always like to
refer to it as choice, but the bottom line is abortion is violence
against children. It takes the life of a baby whether it be by
dismembering that unborn child or by injecting poisons like salt poison
into the baby's amniotic sac, which kills the baby in a very slow and a
very painful way.
As we saw earlier in this session, Mr. Chairman, there are other
hideous methods of abortion as well, like the partial-birth abortion.
Yes, it was banned by the House and by the Senate. The legislation has
not yet gone to the White House, but that, too, could be paid for under
the Federal Employees Health Benefits Program if we do not have this
language contained within it.
Let me also point out to my colleagues that the language in the bill
makes exceptions for rape, incest and life of the mother, but the
majority of the abortions, the majority of those children who otherwise
would have their lives snuffed out and subsidized by this body and by
the premium payers, would not happen if this language stays in the
bill.
I urge Members to vote against this amendment that has been offered.
It would subsidize abortion on demand, no doubt about that.
Mr. Chairman, I reserve the balance of my time.
Mrs. LOWEY. Mr. Chairman, I yield 2 minutes to the distinguished
gentlewoman from Maryland [Mrs. Morella].
Mrs. MORELLA. Mr. Chairman, I thank the gentlewoman for yielding me
this time. She has been a great leader in the prochoice movement and
for Federal employees.
Mr. Chairman, I rise in strong support of the amendment. It is going
to simply prevent discrimination against Federal employees. Two years
ago, Congress voted to deny Federal employees coverage for abortions
provided to most of the rest of the country's work force through their
health insurance plans. This decision was discriminatory, and it was
another example of Congress chipping away at the benefits of Federal
employees in their opportunity to choose an insurance plan that best
meets their own health care needs.
The coverage of abortion services in Federal health plans would not
mean that abortions are being subsidized by the Federal Government.
Currently the government simply contributes to the premiums of Federal
employees in order to allow them to purchase private health insurance.
The many participating plans in the FEHBP may or may not choose to
include coverage for abortion services, and prior to last year's
decision, about half of the participating plans provided this coverage.
Thus an employee who did not wish to choose a plan with abortion
coverage could do just that.
Unfortunately, Congress denied Federal employees their access to
abortion coverage, therefore discriminating against them and treating
them differently from the vast majority of private sector employees.
Currently two-thirds of private fee-for-service plans and 70 percent of
HMO's provide abortion coverage. It is really insulting to Federal
employees that they are being told that part of their own compensation
package is not under their control.
Thousands of Federal employees struggle to make ends meet. Many
Federal employees are single parents or the sole wage earners in their
families. For these workers, the cost of an abortion would be a
significant hardship, interfering with a woman's constitutionally
protected right to choose. For these women, the lack of this health
coverage could result in delayed abortions occurring later in the
pregnancy, an outcome no one here wants to see.
Mr. Chairman, this amendment simply restores the rights of Federal
employees to the same health care services covered by most private
sector health plans. I urge my colleagues to support this amendment and
reverse the unwise decision made 2 years ago.
Mrs. LOWEY. Mr. Chairman, I yield 2 minutes to the gentleman from
Maryland [Mr. Hoyer], the very distinguished ranking member of this
subcommittee.
Mr. HOYER. Mr. Chairman, I thank the gentlewoman for yielding me this
time, and I very much appreciate the leadership she has shown on this
issue. I want to say that I appreciate the leadership that the
gentleman from New Jersey [Mr. Smith] has shown as well.
This is a very wrenching issue for every Member of the House. It is
my perspective, as the Members know, on this particular issue that this
is really not about abortion. It is about Federal employees' pay and
benefits. Every other employee in America gets certain benefits from
their employer. Those benefits are paid in consequence of and in
consideration of the services rendered by the employee to the employer.
Therefore, the benefit in this case is not the Federal Government's nor
the taxpayer's any longer. It is, in fact, the compensation paid to the
employee.
Having said that, Mr. Chairman, I know that there is a very serious
disagreement on this issue and perception as to whether or not this is
the application of taxpayers' funds towards a procedure that many
taxpayers find unacceptable; in fact, most taxpayers find unacceptable,
whether or not they are for Government action to prohibit it.
{time} 1500
Mr. Chairman, I would simply say that it has been historically my
position and continues to be that this is the Federal employees
compensation package. It is not ours to control one way or the other. I
know there is a significant dispute on that.
I thank the gentlewoman for offering this amendment so it could be
brought again for our attention before the House.
Mr. SMITH of New Jersey. Mr. Chairman, I yield myself such time as I
may consume, just so the body is very clear that we are voting on
whether or not to permit abortion on demand in the Federal Employees
Health Benefits Program.
The Committee on Appropriations wisely included language that would
preclude the use of funds under the Federal Employees Health Benefits
plan for that, and just to remind Members that just under three-fourths
of all of the funding that goes into that health plan comes from the
taxpayers, and roughly a quarter of that comes from the premium payers,
which, again, is us as well. For that reason, this is a publicly funded
abortion scheme.
Just to follow up to what my friend from Maryland said a moment ago,
it really is up to the Congress to set it. This is not a collective
bargaining issue, and it is up to the Congress to establish the
parameters of what this program will look like. That is in the statute.
There is nothing out of the ordinary with regards to what we are doing
here today.
Let me also remind Members that this pro-life rider was in effect
from 1984 to 1993, and it has also been in effect for the last two
years.
It has already passed in the other body, and my hope is it will
continue so we have no complicity in the killing of unborn children.
I urge a no vote on the amendment Lowey-Hoyer-Morella amendment.
Mrs. LOWEY. Mr. Chairman, I am very pleased to yield 2 minutes to my
good friend, the distinguished gentlewoman from the State of
Connecticut [Mrs. Johnson].
Mrs. JOHNSON of Connecticut. Mr. Chairman, I thank the gentlewoman
for yielding me this time.
Mr. Chairman, I would like to clarify what we are talking about here.
First of all, respectfully, I totally and completely disagree with the
comments of the gentleman from New Jersey. We are not talking about
abortion on demand. The Supreme Court decision does not allow abortion
on demand and we all know that, and in the third trimester it is very
hard in America to get an abortion, as it should be, and in the mid-
trimester it is very difficult, as it should be.
[[Page H7471]]
Now, we are talking about whether or not Federal employees ought to
have access to the same legal medical procedures as other Americans.
Remember, these are people who are paying taxes to fund the health
benefits of the people who work at General Electric. We spend $80
billion every year subsidizing private sector health plans, and our
Federal employees pay that. Yet you would deny them the same benefits
that they are funding for other Americans.
If you want to make abortion illegal, bring the bill to the floor and
let us vote on it; but do not make Federal employees second-class
citizens. Do not make the kind of woman that the gentlewoman from New
York [Mrs. Lowey] just described.
I have one here, but it takes too long to talk about it. Here was a
36-year-old mother, she and her husband dying to have a family. She had
a child with no brain at all. On medical advice she was urged to abort
it, did, wants to have another child. She is an older mother, there are
risks. She is trying to preserve her fertility because she desperately
wants to have not one child, but several. After extensive testing, the
medical community said this child has no chance of life at all, it has
no brain at all, and you need to abort it and go on.
So I just ask for equal treatment of Federal employees. It is only
fair.
Mrs. LOWEY. Mr. Chairman, I am very pleased to yield the balance of
my time to the gentlewoman from Connecticut [Ms. DeLauro], a woman who
has been a fighter on this issue and so many others.
The CHAIRMAN pro tempore (Mr. LaTourette). The gentlewoman from
Connecticut is recognized for 30 seconds.
Ms. DeLAURO. Mr. Chairman, I rise in strong support of this
amendment, which will end the prohibition of abortion coverage for
American women, coverage under the FEHB health plan. It seems that
every time we turn around we see that some on the other side of the
aisle would like to draw back the line of a woman's right to choose.
This is a constitutional right to choose. This is a choice and
decision that should be made by a woman, her family, in consultation
with her clergy, and with her doctor. No matter what income level, no
matter where she lives or what she does for a living, every woman has a
right to make this decision on her own. We have no right to take that
decision away.
I urge my colleagues to support this amendment. Let us stop
discriminating against government workers.
The CHAIRMAN. All time under the unanimous-consent agreement has
expired.
The question is on the amendment offered by the gentlewoman from New
York [Mrs. Lowey].
The amendment was rejected.
The CHAIRMAN pro tempore. The Clerk will read.
The Clerk read as follows:
Sec. 517. The provision of section 516 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
certain historic u.s. origin firearms imports
Sec. 518. Notwithstanding any other provisions of law, none
of the funds appropriated or otherwise made available under
this Act or any other Act may be expended or obligated by a
department, agency, or instrumentality of the United States
to pay administrative expenses or to compensate an officer or
employee of the United States in connection with the denial
of an application for the importation of military firearms
(or ammunition, components, parts, accessories, and
attachments for such firearms) submitted under section
38(b)(1)(B) of the Arms Export Control Act (22 U.S.C.
2778(b)(1)(B), as added by section 8142(a) of the Department
of Defense Appropriations Act, 1988), if the application
meets the otherwise applicable requirements of section
178.112 and 178.113 of title 27, Code of Federal Regulations
(as in effect on January 1, 1996), and the application is not
for the importation of articles on the United States
Munitions Import List from a proscribed country. For purposes
of the preceding sentence, the term ``proscribed country''
means a country with respect to which the proscriptions
contained in section 47.52 of title 27, Code of Federal
Regulations, apply.
Point of Order
Mrs. McCARTHY of New York. Mr. Chairman, I rise to a point of order.
The CHAIRMAN pro tempore. The gentlewoman will state her point of
order.
Mrs. McCARTHY of New York. Mr. Chairman, I make a point of order
against section 518 on page 80 because it proposes to change existing
law and constitutes legislation in an appropriations bill, and,
therefore, violates clause 2 of rule XXI.
The rule states in pertinent part no amendment to a general
appropriations bill shall be in order if in changing law. The amendment
does not apply solely to the appropriations under consideration.
I am asking for a ruling from the Chair.
The CHAIRMAN pro tempore. Does the gentleman from Maryland [Mr.
Hoyer] wish to be heard on the point of order?
Mr. HOYER. Yes.
The CHAIRMAN pro tempore. The gentleman is recognized.
Mr. HOYER. Mr. Chairman, reserving the right to speak on the point of
order, we will concede the point of order. We have reviewed it, and the
gentlewoman is correct.
The CHAIRMAN pro tempore. Does any other Member wish to be heard on
the point of order?
Mr. KOLBE. Mr. Chairman, we would concede the point of order is
correct. While I strongly favor this provision, given the circumstances
that this bill is brought to the floor, this provision is clearly
legislation on an appropriations bill.
Mrs. McCARTHY of New York. Mr. Chairman, if section 518 were passed
as part of the Treasury and Postal Operations Appropriation bill, I
believe the result would be an increase in gun violence and increased
danger to the lives and safety of our Nation's police officers.
Section 518 would effectively allow foreign governments to resell
millions of dangerous, high-powered M1 carbine semiautomatic weapons,
M-1 garand rifles, and .45 caliber M1911 pistols in the United States
as curios and relics. Importing such high-powered weapons would flood
the U.S. gun market, thereby lowering the price of these military
weapons, making them more affordable for dangerous criminals.
Congressman Patrick Kennedy and Congresswoman Carolyn Maloney
introduced legislation earlier this year that would help keep our
streets safe by permanently banning the importation of these military
weapons. The point of order offered today will only prevent the
importation of such weapons for 1 year. It is time for Congress to
follow Mr. Kennedy's leadership and pass his bill to provide protection
for America's families and police officers by ending the importation of
these high-powered military weapons once and for all.
If anyone thinks that these curios and relics are not dangerous and
should be imported freely into the United States, I would like to draw
their attention to two critical facts. First, with the addition of
three inexpensive pieces of hardware, the M-1 carbine--a semiautomatic
weapon--can be easily converted into an automatic submachine gun with
the potential of firing up to 30 rounds in a matter of seconds. This
would effectively squash any rapid response law enforcement officers
could ever hope to give.
Second, in the last several years, police officers have been killed
and crimes committed at an alarming rate by these dangerous weapons.
Nine officers have lost their lives to these so-called relics since
1990. According to the Bureau of Alcohol, Tobacco and Firearms, nearly
2,000 M-1 garand rifles and M1911 pistols were traced to crime scenes
in 1995 and 1996. In New York, 71 of these so-called curios and relics
were linked to crimes committed during the past 2 years.
Foreign governments should not be allowed to profit off of our
misery. We need to make sure that we put a stop to that while trying to
reduce gun violence. It is bad policy to allow anyone, including our
own Government, to profit off of the agony and pain of others.
Gun violence takes a serious financial toll on our society and on our
Nation's healthcare system. According to a May 1997 Violence Policy
Center study, firearm injuries cost society approximately $20.4 billion
in 1990. Of that figure, at least $17.4 billion represents the value of
lost productivity due to premature deaths. According to the Center to
Prevent Handgun Violence, direct healthcare expenditures for firearm-
related injuries in the United States in 1995 was $4 billion. This
figure is high because firearm wounds are the most costly injuries to
treat.
Aside from the physical healing that takes place after gun violence
there is also the emotional healing. Gun violence leaves families in
shambles. It leaves the loved-ones to pick up the pieces of their lives
and an empty hole in the hearts of family and friends that can never
again be filled. I know from my own experience that gun violence can
completely alter the course of a person's life--it did mine.
Congress shouldn't allow foreign countries to dump their weapons in
our country. We all
[[Page H7472]]
know what happens when high-powered weapons fall into the hands of the
wrong people. Although some may consider these weapons collectors'
items, they are lethal weapons. We need to permanently end the
importation of these weapons.
The CHAIRMAN pro tempore. Does the gentleman from Rhode Island [Mr.
Kennedy] wish to be heard?
Mr. KENNEDY of Rhode Island. Mr. Chairman, I would like to join in
raising the point of order.
The CHAIRMAN pro tempore. Does any other Member wish to be heard on
this point of order?
The point of order is conceded and sustained, and section 518 is
stricken from the bill.
The Clerk will read.
The Clerk read as follows:
Sec. 519. No funds appropriated for the United States
Postal Service under this or any other Act may be expended by
the Postal Service to expand the Global Package Link Service.
Point of Order
Mr. McHUGH. Mr. Chairman, I rise to a point of order.
The CHAIRMAN pro tempore. The gentleman will state his point of
order.
Mr. McHUGH. Mr. Chairman, section 519, found on page 81, lines 13
through 16 of the legislation before us, applies not only to current
appropriations, but incorporates by reference the permanent
appropriations authority contained in title 39 United States Code
section 2401(a), and thus violates clause 2 of rule XXI of the House
prohibiting reporting a provision which changes existing law.
The CHAIRMAN pro tempore. Does any other Member wish to be on the
point of order heard?
Mrs. NORTHUP. Mr. Chairman, regarding the point of order, I
understand this provision is probably subject to a point of order and
will be stricken, but I want to reserve my right to strike the last
word after it is completed and make a few comments.
The CHAIRMAN pro tempore. Does the gentleman from Pennsylvania [Mr.
Fattah] wish to be heard on the point of order?
Mr. FATTAH. Mr. Chairman, I rise as the ranking minority Member on
Postal Service in support of the point of order, and would hope that
the Chair would concur that clause 2 of rule XXI would be in play as
relates to this amendment, and that it should be struck because it
attempts to add legislative language to an appropriations bill.
The CHAIRMAN pro tempore. Does the gentleman from Maine [Mr. Allen]
wish to be heard on the point of order?
Mr. ALLEN. Mr. Chairman, the point of order just made by the
gentleman from New York [Mr. McHugh] was made against section 519 of
the bill, which would restrict the U.S. Postal Service's Global Package
Link System.
That provision does not belong in this bill. Not only is it
inappropriate in an appropriations bill, but it is also bad policy.
What this provision seeks to prohibit is the expansion of the Global
Package Link System by the Postal Service.
In changing the authority governing the Postal Service's operations,
it violates the House rule against legislating on an appropriations
bill.
Legislation affecting the Postal Service is clearly within the
jurisdiction of the Committee on Government Reform and Oversight, on
which I serve. The committee will be looking at Global Package Link as
part of postal reform, and that is an appropriate course for review,
rather than through this rider.
The Global Package Link, or GPL, is a valuable program that helps
U.S. businesses gain new markets and opportunities overseas, which
means more jobs here at home. GPL was established by the Postal Service
at the request of U.S. catalog companies, who wanted a faster and
better way to ship their packages to international customers.
One of these customers is L.L. Bean, which is in my districts in
Freeport, Maine. GPL is good for American business and good for jobs.
It is innovative. Other competitors like UPS could establish similar
systems and streamline their own overseas delivery service.
The CHAIRMAN pro tempore. The Chair would ask the gentleman to
confine his remarks to the point of order and not the merits of the
section.
Does the gentleman from Arizona wish to be heard?
Mr. KOLBE. Just to say, reluctantly, I accept the point of order,
that it is legislation on the appropriations bill. Given the
circumstances of bringing this bill to the floor, this would not be in
order on this bill.
The CHAIRMAN pro tempore. Does any other Member wish to be heard?
Mr. HOYER. Mr. Chairman, we concede the point of order on this side.
The CHAIRMAN pro tempore. The point of order is conceded and
sustained, and section 519 is stricken from the bill.
Mr. FATTAH. Mr. Chairman, I move to strike the last word.
Mr. Chairman, the Global Package Link provision, authored by
Representative Northrup, (R-KY) would prohibit the United States Postal
Service (USPS) from expanding its Global Package Link international
parcel service for one year, while a Government Accounting Office (GAO)
report is completed on the issue of international mail. The GPL, an
``electronic Customs preparatory system'' was developed by the USPS in
direct response to its customers demands. It allows our nation's
largest and leading retailers such as Lands' End, Neiman Marcus, J.C.
Penny, L.L. Bean and others to deliver merchandise to their catalog
customers in the United Kingdom, Canada, and Japan. These and many
other companies support and rely upon the Postal Service to send their
products via the GPL service.
By way of legitimately responding to a postal matter under the
jurisdiction of the Subcommittee on the Postal Service, the
Subcommittee in July asked the GAO to investigate charges that the GPL
service enjoys any unfair advantages over shipments by private
carriers. We expect to have a report on this matter early next year.
The Blair Corporation, a large mail-order company located in my State
of Pennsylvania provided some very thoughtful comments on the Northrup
provisions. Thoughtful, because unlike the numerous mail-order firms
currently using the Postal Service's GPL service, it is not a current
user. The President of Blair Corporation states:
``We cannot believe that our Congress would stop a valuable
international delivery service, which has become very important to
expanding the exports of U.S. direct mail companies, and could become
the means by which our company and others like it are able to enter the
international market, without even a hearing before the appropriate
Committees of Congress, which understand postal operations and their
importance to the direct mail industry.
This attempt to prevent the Postal Service from operating as any
other business would, when so many in the Congress as well as the
business community have pleaded with the Postal Service to become more
businesslike and more efficient, is ironic. Global Postal Link and
other Postal Service innovations are a serious response by the Postal
Service to those pleas. This amendment will wipe out an important
Postal Service effort to become more businesslike and will represent a
serious blow to many mail order companies and damage this country's
export efforts. We urge you to reject this effort to end-run the
authorizing committees and vote ``yes'' to strip the ``Northrup''
Amendment from H.R. 2378.''
In conclusion, the Northrup provision is framed as a limitation on
funds, but contains legislative language. It does not belong on an
appropriation bill. This is a violation of House Rules.
Mrs. NORTHUP. Mr. Chairman, I move to strike the last word.
Mr. Chairman, understanding that the last provision that we struck
was the Global Package Link freeze for one year, I just want to take
this opportunity to comment on the importance of this issue.
We all believe that we need to expand all trading opportunities that
businesses in this country have. In particular it is important that we
open and expand opportunities for overnight delivery services.
The concern that the committee had and that I raised in the committee
is that when we open these opportunities, we should not allow the
United States Post Office to create a monopoly so that only they can
deliver overnight packages.
That is what you do when our government, a government entity,
negotiates with another government that this overnight link occurs only
if the packages are brought in by the Postal Service.
These arrangements allow the Post Office to bypass both customs,
pricewise and timewise, so that they can deliver overnight and no
private carriers can. We believe all private carriers should have an
opportunity to expand trade in this country.
So it is not in an effort to limit what companies in this country
have and the
[[Page H7473]]
opportunities they have, but, rather, to expand those opportunities
through multiple carriers.
We felt like the one-year freeze was a fair balance. Since that has
been struck, I want to say that I am reassured by the Committee on
Postal Oversight that they are going to take up this issue, that they
are going to hold hearings, and that they are going to try to find the
fair balance in their reauthorization bill that will come before us
early next year.
We all agree that it needs to be looked at; we all agree that it
needs to be examined. I look forward to the promise of the subcommittee
chairman or the committee chairman of the Committee on Postal Oversight
that his committee will do a fair and equitable job at looking at this.
The CHAIRMAN pro tempore. The Clerk will read.
The Clerk read as follows:
TITLE VI--GENERAL PROVISIONS
Departments, Agencies, and Corporations
Section 601. Funds appropriated in this or any other Act
may be used to pay travel to the United States for the
immediate family of employees serving abroad in cases of
death or life threatening illness of said employee.
Sec. 602. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 1998 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act) by the officers and employees of
such department, agency, or instrumentality.
Sec. 603. Notwithstanding 31 U.S.C. 1345, any agency,
department, or instrumentality of the United States which
provides or proposes to provide child care services for
Federal employees may reimburse any Federal employee or any
person employed to provide such services for travel,
transportation, and subsistence expenses incurred for
training classes, conferences, or other meetings in
connection with the provision of such services: Provided,
That any per diem allowance made pursuant to this section
shall not exceed the rate specified in regulations prescribed
pursuant to section 5707 of title 5, United States Code.
Sec. 604. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with section 16 of the Act of August 2, 1946 (60
Stat. 810), for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement, and
undercover surveillance vehicles), is hereby fixed at $8,100
except station wagons for which the maximum shall be $9,100:
Provided, That these limits may be exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000
for special heavy-duty vehicles: Provided further, That the
limits set forth in this section may not be exceeded by more
than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section
may be exceeded by the incremental cost of clean alternative
fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles.
Sec. 605. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-24.
Sec. 606. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this
or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person
(1) is a citizen of the United States, (2) is a person in the
service of the United States on the date of enactment of this
Act who, being eligible for citizenship, has filed a
declaration of intention to become a citizen of the United
States prior to such date and is actually residing in the
United States, (3) is a person who owes allegiance to the
United States, (4) is an alien from Cuba, Poland, South
Vietnam, the countries of the former Soviet Union, or the
Baltic countries lawfully admitted to the United States for
permanent residence, (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 1,
1975, or (6) is a national of the People's Republic of China
who qualifies for adjustment of status pursuant to the
Chinese Student Protection Act of 1992: Provided, That for
the purpose of this section, an affidavit signed by any such
person shall be considered prima facie evidence that the
requirements of this section with respect to his or her
status have been complied with: Provided further, That any
person making a false affidavit shall be guilty of a felony,
and, upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing
law: Provided further, That any payment made to any officer
or employee contrary to the provisions of this section shall
be recoverable in action by the Federal Government. This
section shall not apply to citizens of Ireland, Israel, or
the Republic of the Philippines, or to nationals of those
countries allied with the United States in the current
defense effort, or to international broadcasters employed by
the United States Information Agency, or to temporary
employment of translators, or to temporary employment in the
field service (not to exceed 60 days) as a result of
emergencies.
Sec. 607. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 749), the Public
Buildings Amendments of 1972 (87 Stat. 216), or other
applicable law.
Sec. 608. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order 12873
(October 20, 1993), including any such programs adopted prior
to the effective date of the Executive Order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 609. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
Sec. 610. No part of any appropriation for the current
fiscal year contained in this or any other Act shall be paid
to any person for the filling of any position for which he or
she has been nominated after the Senate has voted not to
approve the nomination of said person.
Sec. 611. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of
boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 612. Funds made available by this or any other Act to
the Postal Service Fund (39 U.S.C. 2003) shall be available
for employment of guards for all buildings and areas owned or
occupied by the Postal Service and under the charge and
control of the Postal Service, and such guards shall have,
with respect to such property, the powers of special
policemen provided by the first section of the Act of June 1,
1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to
property owned or occupied by the Postal Service, the
Postmaster General may take the same actions as the
Administrator of General Services may take under the
provisions of sections 2 and 3 of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318a, 318b), attaching
thereto penal consequences under the authority and within the
limits provided in section 4 of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318c).
Sec. 613. None of the funds made available pursuant to the
provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been
disapproved pursuant to a resolution of disapproval duly
adopted in accordance with the applicable law of the United
States.
Sec. 614. (a) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for the fiscal year ending on
September 30, 1998, by this or any other Act, may be used to
pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(1) during the period from the date of expiration of the
limitation imposed by section 616 of the Treasury, Postal
Service and General Government Appropriations Act, 1997,
until the normal effective date of the applicable wage survey
adjustment that is to take effect in fiscal year 1998, in an
amount that
[[Page H7474]]
exceeds the rate payable for the applicable grade and step of
the applicable wage schedule in accordance with such section
616; and
(2) during the period consisting of the remainder of fiscal
year 1998, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by
more than the sum of--
(A) the percentage adjustment taking effect in fiscal year
1998 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(B) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 1998 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in fiscal year 1997
under such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which subsection (a) is in effect at a
rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such
employee.
(c) For the purposes of this section, the rates payable to
an employee who is covered by this section and who is paid
from a schedule not in existence on September 30, 1997, shall
be determined under regulations prescribed by the Office of
Personnel Management.
(d) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this section may not be
changed from the rates in effect on September 30, 1997,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this section.
(e) This section shall apply with respect to pay for
service performed after September 30, 1997.
(f) For the purpose of administering any provision of law
(including section 8431 of title 5, United States Code, and
any rule or regulation that provides premium pay, retirement,
life insurance, or any other employee benefit) that requires
any deduction or contribution, or that imposes any
requirement or limitation on the basis of a rate of salary or
basic pay, the rate of salary or basic pay payable after the
application of this section shall be treated as the rate of
salary or basic pay.
(g) Nothing in this section shall be considered to permit
or require the payment to any employee covered by this
section at a rate in excess of the rate that would be payable
were this section not in effect.
(h) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this section if the
Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
Sec. 615. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Government appointed by the President of the
United States, holds office, no funds may be obligated or
expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is expressly approved by the Committees on
Appropriations of the House and Senate. For the purposes of
this section, the word ``office'' shall include the entire
suite of offices assigned to the individual, as well as any
other space used primarily by the individual or the use of
which is directly controlled by the individual.
Sec. 616. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or
lease any additional facilities, except within or contiguous
to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the
advance approval of the House and Senate Committees on
Appropriations.
Sec. 617. Notwithstanding section 1346 of title 31, United
States Code, or section 611 of this Act, funds made available
for fiscal year 1998 by this or any other Act shall be
available for the interagency funding of national security
and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or
entities, as provided by Executive Order Numbered 12472
(April 3, 1984).
Sec. 618. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from
the competitive service pursuant to section 3302 of title 5,
United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department,
agency, or other instrumentality employing the Schedule C
appointee that the Schedule C position was not created solely
or primarily in order to detail the employee to the White
House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed services detailed
to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence
through reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Federal Bureau of Investigation
and the Drug Enforcement Administration of the Department of
Justice, the Department of Transportation, the Department of
the Treasury, and the Department of Energy performing
intelligence functions; and
(7) the Director of Central Intelligence.
Sec. 619. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 1998 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from discrimination and sexual
harassment and that all of its workplaces are not in
violation of title VII of the Civil Rights Act of 1964, as
amended, the Age Discrimination in Employment Act of 1967,
and the Rehabilitation Act of 1973.
Sec. 620. No part of any appropriation contained in this
Act may be used to pay for the expenses of travel of
employees, including employees of the Executive Office of the
President, not directly responsible for the discharge of
official governmental tasks and duties: Provided, That this
restriction shall not apply to the family of the President,
Members of Congress or their spouses, Heads of State of a
foreign country or their designees, persons providing
assistance to the President for official purposes, or other
individuals so designated by the President.
Sec. 621. Notwithstanding any provision of law, the
President, or his designee, must certify to Congress,
annually, that no person or persons with direct or indirect
responsibility for administering the Executive Office of the
President's Drug-Free Workplace Plan are themselves subject
to a program of individual random drug testing.
Sec. 622. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988;
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace; or
(6) includes content related to human immunodeficiency
virus-acquired immune deficiency syndrome (HIV/AIDS) other
than that necessary to make employees more aware of the
medical ramifications of HIV/AIDS and the workplace rights of
HIV-positive employees.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 623. No funds appropriated in this or any other Act
for fiscal year 1998 may be used to implement or enforce the
agreements in Standard Forms 312 and 4355 of the Government
or any other nondisclosure policy, form, or agreement if such
policy, form, or agreement does not contain the following
provisions: ``These restrictions are consistent with and do
not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive
Order 12356; section 7211 of title 5, United States Code
(governing disclosures to Congress); section 1034 of title
10, United States Code, as amended by the Military
Whistleblower Protection Act (governing disclosure to
Congress by members of the military); section 2302(b)(8) of
title 5, United States Code, as amended by the Whistleblower
Protection Act (governing disclosures of illegality, waste,
fraud, abuse or public health or safety threats); the
Intelligence Identities Protection Act of 1982 (50 U.S.C. 421
et seq.) (governing disclosures that could expose
confidential Government agents); and the statutes which
protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. section 783(b)).
The definitions, requirements, obligations, rights,
sanctions, and liabilities created by said Executive Order
and listed statutes are incorporated into this agreement and
are controlling.'': Provided, That notwithstanding the
preceding paragraph, a nondisclosure policy form or agreement
that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other
than an employee or officer of the United States Government,
may contain provisions appropriate to the particular activity
for which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not
disclose any classified information received in the course of
such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
[[Page H7475]]
make it clear that they do not bar disclosures to Congress or
to an authorized official of an executive agency or the
Department of Justice that are essential to reporting a
substantial violation of law.
Sec. 624. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 625. (a) In General.--No later than September 30,
1998, the Director of the Office of Management and Budget
shall submit to the Congress a report that provides--
(1) estimates of the total annual costs and benefits of
Federal regulatory programs, including quantitative and
nonquantitative measures of regulatory costs and benefits;
(2) estimates of the costs and benefits (including
quantitative and nonquantitative measures) of each rule that
is likely to have a gross annual effect on the economy of
$100,000,000 or more in increased costs;
(3) an assessment of the direct and indirect impacts of
Federal rules on the private sector, State and local
government, and the Federal Government; and
(4) recommendations from the Director and a description of
significant public comments to reform or eliminate any
Federal regulatory program or program element that is
inefficient, ineffective, or is not a sound use of the
Nation's resources.
(b) Notice.--The Director shall provide public notice and
an opportunity to comment on the report under subsection (a)
before the report is issued in final form.
Sec. 626. None of the funds appropriated by this Act or any
other Act, may be used by an agency to provide a Federal
employee's home address to any labor organization except when
it is made known to the Federal official having authority to
obligate or expend such funds that the employee has
authorized such disclosure or that such disclosure has been
ordered by a court of competent jurisdiction.
Sec. 627. The Secretary of the Treasury is authorized to
establish scientific certification standards for explosives
detection canines, and shall provide, on a reimbursable
basis, for the certification of explosives detection canines
employed by Federal agencies, or other agencies providing
explosives detection services at airports in the United
States.
Sec. 628. None of the funds made available in this Act or
any other Act may be used to provide any non-public
information such as mailing or telephone lists to any person
or any organization outside of the Federal Government without
the approval of the House and Senate Committees on
Appropriations.
Sec. 629. Notwithstanding section 611, interagency
financing is authorized to carry out the purposes of the
National Bioethics Advisory Commission.
Sec. 630. No part of any appropriation contained in this or
any other Act shall be used for publicity or propaganda
purposes within the United States not heretofore authorized
by the Congress.
Sec. 631. None of the funds appropriated in this or any
other Act shall be used to acquire information technologies
which do not comply with part 39.106 (Year 2000 compliance)
of the Federal Acquisition Regulation, unless an agency's
Chief Information Officer determines that non-compliance with
part 39.106 is necessary to the function and operation of the
requesting agency or the acquisition is required by a signed
contract with the agency in effect before the date of
enactment of this Act. Any waiver granted by the Chief
Information Officer shall be reported to the Office of
Management and Budget, and copies shall be provided to
Congress.
Personal Allowance Parity Among NAFTA Parties
Sec. 632. (a) In General.--The United States Trade
Representative and the Secretary of the Treasury, in
consultation with the Secretary of Commerce, shall initiate
discussions with officials of the Governments of Mexico and
Canada to achieve parity in the duty-free personal allowance
structure of the United States, Mexico, and Canada.
(b) Report.--The United States Trade Representative and the
Secretary of the Treasury shall report to Congress within 90
days of enactment of this Act on the progress that is being
made to correct any disparity between the United States,
Mexico, and Canada with respect to duty-free personal
allowances.
(c) Recommendations.--If parity with respect to duty-free
personal allowances between the United States, Mexico, and
Canada is not achieved within 180 days after the date of
enactment of this Act, the United States Trade Representative
and the Secretary of the Treasury shall submit
recommendations to Congress for appropriate legislation.
Mr. KOLBE (during the reading). Mr. Chairman, I ask unanimous consent
that the remainder of the bill, through page 101, line 18, be
considered as read, printed in the Record, and open to amendment at any
point.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
The CHAIRMAN pro tempore. Are there points of order to the portion of
the bill read?
If not, are there amendments?
Amendment Offered by Mr. Filner
Mr. FILNER. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Filner:
Add at the end of the bill on page 101, after line 18 the
following new section:
Sec. . None of the funds appropriated by this Act may be
used for any tax-related mailing to any person if the social
security account number issued to any individual for purposes
of section 205(c)(2)(A) of the Social Security Act is
included--
(1) on the outside of such mailing, or
(2) as part of the contents of such mailing unless--
(A) the contents are in an envelope (or other appropriate
wrapper) which is sealed, and
(B) such number may not be viewed without opening such
envelope (or wrapper).
For purposes of this section, the term ``tax-related
mailing'' means any mailing related to the administration of
the Internal Revenue Code of 1986.
Mr. FILNER (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. KOLBE. Mr. Chairman, will the gentleman yield?
Mr. FILNER. I yield to the gentleman from Arizona.
Mr. KOLBE. Mr. Chairman, I am prepared from the majority side to
accept this amendment. I know that the Committee on Ways and Means has
expressed some concerns about some of the language, and I would advise
the gentleman that I would certainly protect those interests in the
conference that the Committee on Ways and Means has expressed. They
have not objected and suggested that this amendment should not be
accepted here today. I am prepared to accept it.
Mr. HOYER. Mr. Chairman, will the gentleman yield?
Mr. FILNER. I yield to the gentleman from Maryland.
Mr. HOYER. Mr. Chairman, I thought the amendment might be offered and
withdrawn, but in light of the chairman's action, I certainly am not
going to object to this amendment. We will look at it and work with the
gentleman between now and conference to see if it is workable, and, if
it is workable, the gentleman has brought up a good idea. I understand
also that Mr. Bilbray of California is in agreement with the gentleman.
{time} 1515
Mr. FILNER. I thank the chairman and the ranking member.
The amendment orders the IRS, because they have refused to do it
informally, to stop the printing of Social Security numbers on the
front of mailings to taxpayers or on their refund checks. This allows a
practice that has become known as identity theft. People steal your
Social Security number and then steal your money.
So I appreciate the Chair and the ranking member for accepting this
amendment to stop the IRS complicity in identity theft.
Mr. Chairman, I stand to offer an amendment to the Treasury/Postal
Appropriations bill because our constituents cannot wait to have the
Internal Revenue Service protect them from identity theft. It is up to
Congress to safeguard them from a serious attack on personal privacy--
an insidious practice that has become known as identity theft--which is
facilitated by the IRS.
My amendment to the Treasury/Postal Appropriations bill will forbid
the IRS from visibly printing our Social Security numbers on the
mailing labels of the tax booklets the IRS mails to us every year. It
will also stop the IRS from printing Social Security numbers on the
refund checks that millions of people receive annually in a way that
they are visible through the window envelope. Identity theft is one of
the fastest growing crimes of the 1990's. Identity thieves make off
with billions of dollars each year, and each day more than 1,000 people
are being defrauded.
With just your name and Social Security number, a thief can open
credit lines worth $10,000, rent apartments, sign up for utilities, and
even earn income. Your credit rating is ruined, you risk being rejected
for everything from a college loan to a mortgage, and it's up to you to
fix it all.
Law enforcement generally will not pursue identity theft cases. That
is why it is crucial that we act now--to prevent the IRS from making
identity thieves' work even easier by
[[Page H7476]]
allowing public view of Social Security numbers on their mailings and
refund checks.
I don't like to ask the Congress to pass judgment of a relatively
simple issue. When I asked the IRS to change this practice, all I got
was a bureaucratic runaround. I was told that this was a very complex
issue and there is no way that they could correct it before the 1999
filing season. I find it incomprehensible that neither the agency nor
its contractor can change a computer program for booklets that will be
mailed in 1998. The IRS apparently has decided to be the conduit for
identity theft--with the Postal Service as a de facto accomplice.
My amendment will force the IRS to make this change in time to
protect one of the most precious keys to our personal information--our
Social Security numbers--before the coming tax filing season.
To do any less would expose millions of us to devastating personal
and financial losses, and the most important loss of all--our good
name.
Mr. BILBRAY. Mr. Chairman, will the gentleman yield?
Mr. FILNER. I yield to the gentleman from California.
Mr. BILBRAY. Mr. Chairman, I appreciate the gentleman from California
yielding to me.
Mr. Chairman, what we are saying is that the IRS should not be
violating the rules and the procedures that we impose on everyone else;
that this is a privacy issue. The IRS has got to be kept within proper
boundaries. Technologies need to reflect the privacy laws of this
country, and we should be leading by example. Even the IRS should be
leading through example to show the rest of society how we should
operate.
Posting this information on the front of a piece of mail, where
anybody can look at it that opens up that mailbox, really should be
addressed. The private sector would probably go to jail for doing this.
I do not think those of us in the public sector should be exempt from
those privacy rules.
Mr. FILNER. I thank my colleague; I thank the Chair and the ranking
member.
The CHAIRMAN pro tempore [Mr. LaTourette]. The question is on the
amendment offered by the gentleman from California [Mr. Filner].
The amendment was agreed to.
Amendment Offered by Mr. Sanders
Mr. SANDERS. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Sanders:
Page 101, after line 18, insert the following new section:
Sec. 633. None of the funds made available in this Act for
the United States Custom Service may be used to allow the
importation into the United States of any good, ware,
article, or merchandise mined, produced, or manufactured by
forced or indentured child labor, as determined pursuant to
section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
Mr. SANDERS. Mr. Chairman, my understanding is that both the majority
and the minority have accepted this amendment and I thank them.
Mr. KOLBE. Mr. Chairman, will the gentleman yield?
Mr. SANDERS. I yield to the gentleman from Arizona.
Mr. KOLBE. Mr. Chairman, yes, that is correct. I am prepared to
accept the amendment by the gentleman from Vermont [Mr. Sanders], which
would amend the bill to prohibit Customs using any of its funding to
allow any imports into the United States of goods that are produced by
forced or indentured child labor.
This is a limitation on an expenditure and it would underscore the
existing legal barrier. This is already an existing barrier that we
have on imports which sometimes, however, may not be adequately
enforced. I think the provision that the gentleman is suggesting here
is simply a reinforcement of what is existing law, that Customs should
vigorously enforce the law with regard to imported merchandise that
uses forced child labor.
So in my view it supports and clarifies the current legal requirement
and a practice that is very much in law, and I urge the Members to
support this amendment.
Mr. HOYER. Mr. Chairman, will the gentleman yield?
Mr. SANDERS. I yield to the gentleman from Maryland.
Mr. HOYER. Mr. Chairman, I thank the gentleman for his amendment. I
agree with the remarks of the chairman, the gentleman from Arizona [Mr.
Kolbe], and we would accept the amendment on this side.
Mr. SANDERS. Mr. Chairman, I want to thank the gentleman from Arizona
[Mr. Kolbe] and the gentleman from Maryland [Mr. Hoyer]. Indentured
child labor is one of the ugliest forms of slavery that exists in this
world. This Congress should stand up for those children. We should not
be importing products made by indentured child labor, and I thank both
parties for their support.
The CHAIRMAN pro tempore. The question is on the amendment offered by
the gentleman from Vermont [Mr. Sanders].
The amendment was agreed to.
The CHAIRMAN pro tempore. Are there further amendments to the bill?
If not, the Clerk will read the last two lines.
The Clerk read as follows:
This Act may be cited as the ``Treasury, Postal Service,
and General Government Appropriations Act, 1998''.
Mr. SANDLIN. Mr. Chairman, it is with regret that I rise today in
opposition to the Treasury-Postal appropriations bill. This bill
contains many worthwhile programs that are deserving of funding.
However, the manner in which this bill came to the floor denied Members
the opportunity to vote for or against the cost of living pay increase
for Members of Congress. I strongly believe we should be honest enough
with ourselves and with the American people to openly support or oppose
this increase instead of sitting silently by while it automatically
goes into effect.
When I introduced my legislation, H.R. 2219, to prevent Members from
receiving the 1998 pay adjustment, I did so because I believe it is
irresponsible for us to increase our own pay at a time when we have not
met our obligation to the American people to balance the Federal
budget. Only days after I introduced my legislation, the Republican
leadership in both houses was widely quoted in the press as saying the
pay raise was dead for the year. But instead of letting it die a well-
deserved death, they made late night, back room deals and brought this
bill to the House floor in a manner accorded precious few pieces of
legislation. They brought it to the floor with no rule to ensure that
the pay raise would go into effect.
I made a commitment to the people of east Texas to eliminate the
Federal deficit before I would agree to raise my pay. I made a
commitment to ensure that Medicare is solvent before we raise our pay.
I made a commitment to ensure that veterans' benefits are fully funded
before we raise our pay. I made a commitment to ensure that every
student has an opportunity for a college education before we raise our
pay.
The infrastructure across our country is crumbling. However, this
body narrowly defeated a proposal earlier this year to increase
spending for the infrastructure. The Republican leadership has made it
clear to members of the Transportation and Infrastructure Committee
that BESTEA will break the budget agreement and that they will oppose
this legislation, even though there is additional money in the highway
trust fund. They want to continue to use the trust fund to mask the
size of the deficit on the one hand, but on the other they are willing
to raise our pay. Their logic doesn't make any sense. Why should we
pass legislation to benefit 535 people when we can't get an agreement
that will benefit millions of people?
The Taxpayer Relief Act raised the estate tax exemption from $600,000
to $1 million by the year 2007. There should be no estate tax. We
should not be raising our pay until we have eliminated this punitive
tax. Why should we pass legislation to benefit 535 people when we can't
get an agreement to protect a family farm?
When I introduced my bill, I said that I hoped my fellow Members
would join me in opposing a congressional pay raise until we have taken
care of the people. Mr. Chairman, it seems to me that we have not taken
care of the people. I can only hope that the conferees will accept the
Senate language and deny this disingenuous attempt at a pay raise.
Mrs. MORELLA. Mr. Chairman, I would like to thank the gentleman from
Arizona, the distinguished chairman of the Treasury, Postal
Appropriations Subcommittee, and the gentleman from Florida, the
distinguished chairman of the Civil Service Subcommittee, for pledging
to resolve an issue that is very important to me.
In the course of our discussions about this bill, we have all agreed
to resolve the issue of pay equity between administrative appeals
judges and administrative law judges. I appreciate the good work that
the chairman has done on this bill. He knows that I would have liked to
have offered an amendment on this subject, but I appreciate his desire
to resolve pay equity issues through the authorizing committee, in this
case, the Civil Service Subcommittee on Government Reform and
Oversight, on which I serve. It is important to raise
[[Page H7477]]
this issue, however, during consideration of this legislation that
addresses so many Federal employee issues, and I appreciate Mr. Kolbe
and Mr. Mica's pledge to resolve this issue.
Last spring, along with my colleague Tom Davis, I wrote to OPM in
hopes that they could resolve this issue. Unfortunately, they could
not; we need a legislative solution to resolve this problem. As you
know, there are 23 administrative appeals judges at the Social Security
Administration. These judges review numerous decisions made by
administrative law judges, yet they are not compensated at the same
level. The appeals council is now the only administrative appellate
body whose members are paid less than the judges whose orders and
decisions they review. Historically, AAJ's and ALJ's have been
compensated at the same level, but in 1990, when we passed the Federal
Employees Pay Comparability Act, the Congress did not include
administrative appeals judges in the new administrative law judges
special pay category. What I want to do is simply ensure that
administrative appeals judges are paid at the same level as those
judges whom they review, administrative appeals judges.
I thank Chairman Mica for his commitment to finally resolve this
issue in the Civil Service Subcommittee. I look forward to working with
him in this endeavor.
Mr. KUCINICH. Mr. Chairman, I rise in support of striking section 413
of H.R. 2378. As a former local official, I know that every dollar
counts, and that local taxpayers are being asked to shoulder an ever-
increasing burden of services the Federal Government no longer
provides. That is why I support a money saving program for local and
State governments, and why I now support striking its repeal in this
appropriations bill.
The cooperative purchasing program, which Congress passed into law in
1994--section 1555 of the Federal Acquisition Streamlining Act--was
designed to allow local and State governments, school districts, and
public hospitals to purchase goods and services at the super-discounted
Federal rate, saving local taxpayers hundreds of millions of dollars
per year. But special interests have manipulated the legislative
process in order to repeal the program and block local entities from
getting the most for their tax dollars. They would have Washington let
local governments be fleeced.
Here's how the cooperative purchasing program is supposed to work: A
school district has to purchase computers, chalkboards and basic
furniture. Thanks to the cooperative purchasing program, the school
district could buy the supplies and services it needed directly from
vendors at the discounted prices the General Services Administration
[GSA] negotiated. GSA is the procurement agency for the Federal
Government.
These GSA-negotiated prices are often the lowest anywhere. The
Federal Government is a very large consumer of all kinds of goods and
services. That is why it is able to negotiate discounted prices. The
1994 law simply allowed State and local governments and public agencies
to benefit from those prices. It is a good example of allowing
government officials to think and act efficiently.
Nursing homes and public hospitals would also benefit, since they
must purchase equipment, medical devices, and life-saving drugs for
elderly citizens and the ill, especially people with AIDS. Basic local
government would also operate more efficiently and less expensively,
since local governments could purchase many products and services at
discounted prices, saving State and local taxpayers billions of
dollars.
Initiated by the National Performance Review, led by Vice President
Gore, cooperative purchasing aims to bring efficient practices to local
and State governments without onerous regulations or government
mandates. If for some reason a locality did not want to use the
cooperative purchasing program, it would not have to. Cooperative
purchasing is also completely voluntary for industry, and it costs the
Federal Government nothing.
The bottom-line savings would be realized by local taxpayers, who pay
the bill of local government. A pilot project in West Virginia
demonstrated that police departments could purchase cruisers at the GSA
discount price, saving local governments close to 10 percent. Furniture
is available at a discount of 25 percent. Pharmaceuticals and medical
devices are available at up to a 37 percent savings.
Athough saving money for local taxpayers is a good idea, there are
those who oppose it. Certain industry groups benefit from government
inefficiency and would like nothing more than to have the law repealed.
The pharmaceutical industry wants to see the program repealed, because
cooperative purchasing would entitle public hospitals and AIDS clinics
to significant discounts on life-saving drugs--why sell AIDS drugs at a
life-saving discount when you can sell at full price? The medical
equipment industry is also mobilizing against the discounts.
I believe that a reasonable policy is to allow willing industries to
participate in the cooperative purchasing program. Indeed, it has
received support from a group of Fortune 500 backers, especially in the
computer and software industry. In addition, every major association of
elected and appointed officials has endorsed the cooperative purchasing
program, from mayors to Governors, from school boards to regional
hospitals.
Local police departments benefit from a similar, voluntary program
administered by the Department of Defense. That program faced initial
resistance from certain industry groups, but it has blossomed into a
program where hundreds of local police departments are able to purchase
police cars, bullet-proof vests, and other crime fighting equipment at
money-saving prices.
Strong interest groups have spent large amounts in political
contributions to kill the cooperative purchasing program, without even
a hearing or congressional debate. Repeal of cooperative purchasing is
tantamount to a tax increase on every resident in America.
We have a way to reduce the cost of government. It's called the
cooperative purchasing program. Today, the House will keep this idea
and this program alive by striking its repeal with a point of order.
Let us hope that the House conferees may see to it to preserve the
program in conference with the other body.
Mr. PORTER. Mr. Chairman, I am disappointed that this bill has been
considered in a manner that has led to the language repealing section
1555 of the Federal Acquisition Streamlining Act being stricken on a
point of order.
Mr. Chairman, section 1555 sounds like a good idea, but like many
efforts to control the marketplace through Government price fixing, it
can trigger certain law of unintended consequences. The most basic
unintended consequence is pretty simple to understand--instead of
leading suppliers to lower their prices charged to State and local
buyers, section 1555 will lead them to raise their prices to the
Federal Government. What else can be expected when the Government
suddenly decrees that a discount price available to a volume buyer who
constitutes 3 to 4 percent of a manufacturer's sales volume must be
provided to perhaps to 30 to 40 percent of that manufacturers sales
volume?
Mr. Chairman, this law should be repealed and I am certain that the
votes to do so exist in this body. It is unfortunate that the provision
has been removed in this manner. I urge the conferees to recede to the
Senate on this issue and I am certain that a conference report
repealing this unfortunate law would receive overwhelming support in
the House.
Mrs. ROUKEMA. Mr. Chairman, I rise to express deep regret that the
committee bill for FY 1998 would not permit waiver under the rules.
My amendment would have required the creation and enforcement of new
standards of security for the firearms inventories of federally
licensed gun dealers. Let me explain to the committee why this
amendment is so important. First, this amendment will not infringe on
the rights of any gun owner to buy a gun. This amendment only creates
new Federal guidelines to secure the inventories of firearms in gun
shops. It, in fact, makes gun shops safer for gun owners to go and buy
a new gun.
Second, this amendment meets a pressing need to make our
neighborhoods and streets safer from criminals who use guns stolen from
gun shops to commit horrible crimes. On April 19, 1997, a young man
named Georgio Gallara age 24 was working at Tony's Pizza and Pasta, a
new small business he owned in Sussex County NJ. He was joined by his
employee, 22-year-old Jeremy Giordano to go on a pizza delivery. When
they arrived to deliver the pizzas, they were brutally gunned down,
being shot eight times in the head and neck. When police arrested two
men for the murders they found that the gun used in the crime was
stolen from a local sporting goods store a couple of weeks earlier.
Guns stolen from gun shops have become a major crime problem in our
communities. Since September 1994, licensed firearms dealers have
reported 23,775 guns stolen, lost, or missing to the BATF. Up to 32
percent of firearms used in the commission of a crime are obtained by
the criminal directly by theft. Stolen guns are a serious threat to our
safety.
This amendment will require the BATF, under the direction of the
Secretary of Treasury, to create security standards for gun dealers.
Gun inventories will have to be secured within the store in order to
prevent a common thief from stealing them. Store owners use a safe to
put their money in at the end of the business day. Store owners do not
leave valuable inventories sitting in window displays vulnerable to
smash and grab robberies. Why shouldn't we require gun dealers to
secure their inventories especially when so many guns are stolen and
used in crimes.
This amendment is based on common sense. Any law abiding gun owner
should welcome this improvement as a real means of reducing crime.
Critics may call this another
[[Page H7478]]
form of gun control, but the only guns this amendment controls are the
ones in the hands of violent criminals. Based on this, Mr. Chairman, I
ask that my amendment be Treasury/Postal appropriations bill of 1997.
Mr. Chairman, this issue will not go away. I an others will use every
means of persuasion to urge the Judiciary Committee to take this up on
an expedited basis.
A copy of my amendment follows:
Page 101, after line 18, insert the following:
minimum safety and security standards for gun shops
Sec. 633. (a) In General.--Section 923 of title 18, United
States Code, is amended hereafter by adding at the end the
following:
``(m) Safety and Security Standards for Gun Shops.--
``(1) In General.--Not later than 1 year after the date of
enactment of this subsection, the Secretary of the Treasury,
action through the Director of the Bureau of Alcohol,
Tobacco, and Firearms, shall issue final regulations that
establish minimum firearm safety and security standards that
shall apply to dealers who are issued a license under this
section.
``(2) Minimum standards.--The regulations issued under this
subsection shall include minimum safety and security
standards for--
``(A) a place of business in which a dealer covered by the
regulations conducts business or stores firearms;
``(B) windows, the front door, storage rooms, containers,
alarms, and other items of a place of business referred to in
subparagraph (A) that the Secretary of the Treasury, acting
through the Director of the Bureau of Alcohol, Tobacco and
Firearms, determines to be appropriate; and
``(C) the storage and handling of the firearms contained in
a place of business referred to in subparagraph (A).''.
(b) Inspections.--Section 923(g)(1) of title 18, United
States Code, is amended hereafter--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``, and'' and inserting a
semicolon;
(B) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iii) with respect the place of business of a licensed
dealer, the safety and security measures taken by the dealer
to ensure compliance with the regulations issued under
subsection (m).''; and
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by inserting ``and
the place of business of a licensed dealer'' after ``licensed
dealer'';
(B) in clause (ii), by striking ``or'' at the end;
(C) in clause (iii), by striking the period at the end and
inserting ``; or''; and
(D) by adding at the end the following:
``(iv) not more than once during any 12-month period, for
ensuring compliance by a licensed dealer with the regulations
issued under subsection (m).''.
(c) Penalties.--Section 924(a)(1) of title 18, United
States Code, is amended hereafter--
(1) in subparagraph (C), by striking ``or'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) being a licensed dealer, knowingly fails to comply
with any applicable regulation issued under section 923(m);
and''.
Mr. KENNEDY of Rhode Island. Mr. Chairman, I insert this letter into
the Record, concerning H.R. 2378, Treasury-Postal Service
appropriations for fiscal year 1998.
September 8, 1997.
Dear Representative: In late-July, during mark-up of the
Fiscal Year 1998 Treasury-Postal Service-General Government
Appropriations bill, the Appropriations Committee accepted an
amendment that would allow foreign governments to export to
the United States for commercial sale, millions of military
weapons the United States previously made available to
foreign countries through military assistance programs.
For a range of public health and safety, national security,
and taxpayer reasons, we strongly urge you vote to delete
this provision from the Fiscal Year 1998 Treasury-Postal
Service-General Government Appropriations bill.
Supporters of this amendment describe it as an innocuous
measure which simply allows the importation of some obsolete
``curios and relics.'' In reality, the amendment would allow
the import of an estimated 2.5 million weapons of war,
including 1.2 million M1 carbines. The M1 carbine is a semi-
automatic weapon that can be easily converted into automatic
fire and comes equipped with a 15-30 round detachable
magazine.
THIS IS A PUBLIC SAFETY ISSUE: Although the backers of the
provision claim that these World War II era weapons are now
harmless ``curios and relics'', in reality they remain deadly
assault weapons. According to the Bureau of Alcohol, Tobacco,
and Firearms, the M1 Carbine can easily be converted into a
fully-automatic assault rifle. For this reason, the
Department of Defense has refused to sell its surplus stocks
of these weapons to civilian gun dealers and collectors in
the United States.
According to Raymond W. Kelley, the Treasury Department's
Under-Secretary for Enforcement, the inflow of these weapons
will drive down the price of similar weapons, making them
more accessible to criminals. Already, during 1995-1996, ATF
has traced 1,172 M1911 pistols and 639 M1 rifles to crimes
committed in the United States.
THIS IS A GOVERNMENT OVERSIGHT CONCERN: Nearly 2.5 million
of these weapons were given or sold as ``security
assistance'' to allied governments. Under United States law,
recipients of American arms and military aid must obtain
permission from the United States government before re-
transferring those arms to third parties. Setting a dangerous
precedent, this amendment fundamentally undercuts the ability
of the United States government to exercise its right of
refusal on retransfer of United States arms.
The Reagan, Bush, and Clinton Administrations have all
barred imports of these military weapons by the American
public. The Appropriations bill explicitly overrides this
policy, prohibiting the government from denying applications
for the importation of ``U.S. origin ammunition and curio or
relic firearms and parts.'' In effect, the provision would
force the Administration to allow thousands of M1 assault
rifles and M1911 pistols into circulation with the civilian
population, thereby not only threatening public safety but
also undermining governmental oversight and taxpayer
accountability.
This is also a taxpayer concern. The amendment also
presents a windfall of millions of dollars to foreign
governments and United States gun dealers. The amendment
effectively terminates a requirement that allies reimburse
the United States treasury if they sell United States-
supplied weapons. According to ATF, each M1 Carbine, M1
Garand rifle, and M1911 pistol currently sells for about
$300-500 in the United States market. The South Korean,
Turkish, and Pakistani governments and militaries stand to
make millions from the resale of these weapons. South Korea
has 1.3 million M1 Garands and Carbines, while the Turkish
military and police have 136,000 M1 Garands and 50,000 M1911
pistols. These weapons were originally given free, or sold at
highly subsidized rates, or retrieved as ``spoils of war.''
The United States Department of Defense does not sell these
lethal weapons on the commercial market for profit. Why
should we allow foreign governments to do so?
Again, we strongly urge you vote to delete this provision
from the Fiscal Year 1998 Treasury-Postal Service-General
Government Appropriations bill.
Thank you.
American College of Physicians; American Friends Service
Committee, James Matlack, Director, Washington Office;
American Jewish Congress, David A. Harris, Director,
Washington Office; American Public Health Association,
Mohammad Akhter, M.D., Executive Director; Americans
for Democratic Action, Amy Isaacs, National Director;
British American Security Information Council, Dan
Plesch, Director; Ceasefire New Jersey, Bryan Miller,
Executive Director; Children's Defense Fund.
Church of the Brethren, Washington Office, Heather Nolen,
Coordinator; Church Women United, Ann Delorey,
Legislative Director; Coalition to Stop Gun Violence,
Michael K. Beard, President; Community Healthcare
Association of New York State, Ina Labiner, Executive
Director; Concerned Citizens of Bensonhurst, Inc.,
Adeline Michaels, President; Connecticut Coalition
Against Gun Violence, Sue McCalley, Executive Director;
Demilitarization for Democracy; Episcopal Peace
Fellowship, Mary H. Miller, Executive Secretary.
Federation of American Scientists, Jeremy J. Stone,
President; Friends Committee on National Legislation,
Edward (Ned) W. Stowe, Legislative Secretary; General
Federation of Women's Clubs, Laurie Cooper, GFWC
Legislative Director; Handgun Control, Inc., Sarah
Brady, Chair; Independent Action, Ralph Santora,
Political Director; Iowans for the Prevention of Gun
Violence, John Johnson, State Coordinator; Legal
Community Against Violence, Barrie Becker, Executive
Director; Lutheran Office for Government Affairs, ELCA,
The Rev. Russ Siler; Mennonite Central Committee,
Washington Office, J. Daryl Byler, Director.
National Association of Children's Hospitals & Related
Institutions, Stacy Collins, Assoc. Director, Child
Health Improve; National Association of Secondary
School Principals, Stephen R. Yurek, General Counsel;
National Black Police Association, Ronald E. Hampton,
Executive Director; National Coalition Against Domestic
Violence, Rita Smith, Executive Director; National
Commission for Economic Conversion and Disarmament,
Miriam Pemberton, Director; National Council of the
Churches of Christ in the U.S., Albert M. Pennybacker,
Director, Washington Office; National League of Cities;
New Hampshire Ceasefire, Alex Herlihy, Co-Chair.
New Yorkers Against Gun Violence, Barbara Hohlt, Chair;
Orange County Citizens for the Prevention of Gun
Violence, Mary Leigh Blek, Chair; Peace Action, Gordon
S. Clark, Executive Director; Pennsylvanians Against
Handgun Violence, Daniel J. Siegel, President;
Physicians for Social Responsibility, Robert K. Musil,
PhD., Executive Director; Presbyterian Church (U.S.A.),
Washington Office, Elenora
[[Page H7479]]
Giddings Ivory, Director; Project on Government
Oversight, Danielle Brian, Executive Director;
Saferworld, Peter J. Davies, U.S. Representative.
Texans Against Gun Violence-Houston, Dave Smith,
President; Unitarian Universalist Association of
Congregations, The Rev. Meg A. Riley, Director,
Washington Office for Faith In Action; U.S. Conference
of Mayors; Unitarian Universalist Service Committee,
Richard S. Scobie, Executive Director; Virginians
Against Handgun Violence, Alice Mountjoy, President;
WAND (Women's Action for New Directions), Susan Shaer,
Executive Director; Westside Crime Prevention Program,
Marjorie Cohen, Executive Director; YWCA of the U.S.A.,
Prema Mathai-Davis, Chief Executive Off; 20/20 Vision,
Robin Caiola, Executive Director.
Ms. MILLENDER-McDONALD. Mr. Chairman, I would like to thank the
distinguished chairman and ranking member for their work in securing
adequate funding for some essential antidrug initiatives. I am
particularly proud to support the drug free communities matching
grants, which will help community coalitions in the 37th District of
California and throughout the country address the Nation's drug
problem.
From 1991 to 1996, the proportion of eighth-graders using an illicit
drug more than doubled from 11 to 24 percent. Ten years ago, 18.6
percent of high school students reported using at least one illicit
drug over the course of a year, and now, 29 percent of high school
students report using at least one illicit drug. That is a 58.6-percent
increase.
Thanks to the drug-free communities grants, we can change these
numbers and parents, teachers, churches, and entire communities can
come together to prevent, treat and ultimately, end drug abuse.
Creating opportunities for community coalitions to overcome the problem
of drug abuse is essential in our effort to maintain and strengthen
communities in the 37th District of California, and throughout the
entire country.
Mr. MICA. Mr. Chairman, I would like to thank the authors of this
bill for their work in increasing funding for drug enforcement
activities.
One million dollars in funding for the designation of central Florida
as a High Intensity Drug Trafficking Area [HIDTA] has been provided in
the House Treasury, Postal Service and General Government
appropriations bill. I made this request because I feel it is necessary
that we commit every available resource to combat the drug scourge in
central Florida.
A HIDTA designation would provide additional resources to help better
coordinate Federal, State, and local drug activities. My intent is to
support local efforts to combat the influx of drugs and the attending
crime that results.
In the Orlando area, heroin overdose deaths went from zero in 1993 to
30 last year. More teens died locally of overdoses than almost any
other major U.S. city. So you can see the situation we are in. In fact,
my area in Orlando also ranked second behind Miami in total cocaine
deaths in Florida. This situation has deteriorated to such an extent in
Florida that I have asked our drug czar, Barry McCaffrey, to cooperate
in qualifying central Florida as a HIDTA which would bring much needed
resources to our area and into our State.
There already are HIDTA's operating in many cities and regions
throughout the country--including a successful program in Miami--and
they have proved successful in aiding with command and control,
manpower and funding issues. Your support for adding central Florida to
the HIDTA list guarantees that Florida will continue to have adequate
funding to battle the increasing amount of illegal drugs that are
trafficking through our state.
Following are additional alarming statistics about drug use which
argue for strengthening our resolve to winning the war on drugs for the
sake of our children:
1997 CASA (National Center on Addiction and Substance Abuse at Columbia
University) Survey of Public Opinion
By the Time Middle School Students Reach 13--
40% know someone who has used acid, cocaine or heroin.
29% can buy marijuana within a day; 12% can buy marijuana
within an hour or less.
27% have friends who use marijuana.
1 in 4 have attended a party in the last six months where
marijuana was available.
15% have witnessed the sale of drugs in their neighborhood.
1 in 10 have a schoolmate who died because of drugs or
alcohol.
1997 CASA (National Center on Addiction and Substance Abuse at Columbia
University) Survey of Public Opinion
By the Time High School Students Reach 17.
Almost 3 out of 4 know someone personally who uses acid,
cocaine or heroin.
Two thirds can buy marijuana within a day; 44% within an
hour or less.
62% have friends who use marijuana; 21% will say more than
half of their friends use marijuana; 34% say at least half of
their friends use marijuana.
60% have attended a party in the past six months where
marijuana was available; for 30%, more than half of the
parties they attend have marijuana.
Half have personally seen drugs sold on their school
grounds.
One third have witnessed the sale of drugs in their
neighborhood.
1 out of 4 have a schoolmate who died because of drugs or
alcohol.
Only 1 in 4 are willing to report a drug user in their
school to school officials.
Mr. KOLBE. Mr. Chairman, I move the Committee do now rise and report
the bill back to the House, with sundry amendments, with the
recommendation that the amendments be agreed to and that the bill, as
amended, do pass.
The motion was agreed to.
Accordingly the Committee rose; and the Speaker pro tempore (Mr.
Smith of New Jersey) having assumed the chair, Mr. LaTourette, Chairman
pro tempore of the Committee of the Whole House on the State of the
Union, reported that that Committee, having had under consideration the
bill (H.R. 2378) making appropriations for the Treasury Department, the
United States Postal Service, the Executive Office of the President,
and certain Independent Agencies, for the fiscal year ending September
30, 1998, and for other purposes, had directed him to report the bill
back to the House with sundry amendments, with the recommendation that
the amendments be agreed to and that the bill, as amended, do pass.
The SPEAKER pro tempore. Without objection, the previous question is
ordered.
There was no objection.
The SPEAKER pro tempore. Is a separate vote demanded on any
amendment? If not, the Chair will put them en gros.
The amendments were agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
Pursuant to clause 7 of rule XV, the yeas and nays are ordered.
The vote was taken by electronic device, and there were--yeas 231,
nays 192, not voting 10, as follows:
[Roll No. 403]
YEAS--231
Abercrombie
Ackerman
Andrews
Archer
Armey
Ballenger
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berman
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Boyd
Brown (CA)
Brown (FL)
Brown (OH)
Burton
Buyer
Callahan
Calvert
Camp
Cardin
Castle
Clay
Clayton
Clement
Clyburn
Combest
Conyers
Cook
Coyne
Crapo
Cummings
Davis (IL)
DeGette
Delahunt
DeLay
Dellums
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Dunn
Edwards
Ehlers
Ehrlich
Engel
Eshoo
Farr
Fattah
Fawell
Fazio
Filner
Flake
Fowler
Frank (MA)
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gephardt
Gilchrest
Gillmor
Gilman
Green
Greenwood
Hall (OH)
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hefner
Hilliard
Hinchey
Hobson
Hoekstra
Holden
Horn
Houghton
Hoyer
Hunter
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy (MA)
Kilpatrick
Kim
King (NY)
Kingston
Kleczka
Klink
Knollenberg
Kolbe
LaFalce
Lantos
Latham
LaTourette
Leach
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Livingston
Maloney (NY)
Manton
Markey
Martinez
Mascara
Matsui
McCarthy (NY)
McCollum
McCrery
McDade
McDermott
McGovern
McHale
McHugh
McKeon
McNulty
Meehan
Meek
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Mink
Moakley
Mollohan
Moran (VA)
Morella
Murtha
Nadler
Neal
Ney
Nussle
Obey
Olver
Ortiz
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne
Pelosi
Pickering
Pickett
Pomeroy
Porter
Quinn
Rahall
Rangel
Regula
Rodriguez
Roemer
Rogers
Ros-Lehtinen
Roybal-Allard
Rush
Sabo
Sawyer
Scott
Serrano
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (NJ)
Smith (OR)
Smith (TX)
Solomon
Spence
Stark
Stokes
Stupak
Tanner
Tauzin
Taylor (NC)
Thomas
Tierney
Torres
Towns
[[Page H7480]]
Traficant
Upton
Velazquez
Vento
Walsh
Waters
Watt (NC)
Waxman
Weldon (FL)
Weldon (PA)
Wexler
Wicker
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
NAYS--192
Aderholt
Allen
Bachus
Baesler
Baker
Baldacci
Barcia
Barr
Barrett (WI)
Becerra
Berry
Bono
Boswell
Brady
Bryant
Bunning
Burr
Campbell
Canady
Cannon
Capps
Carson
Chabot
Chambliss
Chenoweth
Christensen
Coble
Coburn
Collins
Condit
Cooksey
Costello
Cox
Cramer
Crane
Cubin
Cunningham
Danner
Davis (FL)
Deal
DeFazio
DeLauro
Deutsch
Dickey
Duncan
Emerson
English
Ensign
Etheridge
Evans
Everett
Ewing
Foley
Forbes
Ford
Fox
Franks (NJ)
Gejdenson
Gibbons
Goode
Goodlatte
Goodling
Gordon
Graham
Granger
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hayworth
Hefley
Herger
Hill
Hilleary
Hinojosa
Hooley
Hostettler
Hulshof
Hutchinson
Inglis
Istook
Jenkins
John
Johnson (CT)
Johnson (WI)
Jones
Kelly
Kennedy (RI)
Kennelly
Kildee
Kind (WI)
Klug
Kucinich
LaHood
Lampson
Largent
Lazio
Lewis (KY)
Linder
LoBiondo
Lofgren
Lowey
Lucas
Luther
Maloney (CT)
Manzullo
McCarthy (MO)
McInnis
McIntosh
McIntyre
McKinney
Menendez
Metcalf
Minge
Moran (KS)
Myrick
Nethercutt
Neumann
Northup
Norwood
Pappas
Pascrell
Paul
Pease
Peterson (MN)
Peterson (PA)
Petri
Pitts
Pombo
Portman
Poshard
Price (NC)
Pryce (OH)
Radanovich
Ramstad
Redmond
Reyes
Riggs
Riley
Rivers
Rogan
Rohrabacher
Rothman
Roukema
Royce
Ryun
Salmon
Sanchez
Sanders
Sandlin
Sanford
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Schumer
Sensenbrenner
Sessions
Shadegg
Shays
Sherman
Shimkus
Slaughter
Smith (MI)
Smith, Adam
Snowbarger
Snyder
Souder
Spratt
Stabenow
Stearns
Stenholm
Strickland
Stump
Sununu
Talent
Tauscher
Taylor (MS)
Thompson
Thornberry
Thune
Thurman
Tiahrt
Turner
Visclosky
Wamp
Watkins
Watts (OK)
Weller
Weygand
Whitfield
Wise
NOT VOTING--10
Davis (VA)
Foglietta
Furse
Gonzalez
Goss
Oberstar
Schiff
Smith, Linda
White
Yates
{time} 1544
Messrs. GRAHAM, BRYANT, JENKINS, RADANOVICH, LAMPSON, BOSWELL,
CRAMER, BARCIA, PETERSON of Minnesota, FRANKS of New Jersey, and
GIBBONS, Ms. NORTHUP, and Messrs. MCINNIS, POSHARD, PRICE of North
Carolina, ETHERIDGE, and HINOJOSA, Ms. LOFGREN, and Messrs. SCHUMER,
THOMPSON, PITTS, and BONO, Mrs. CUBIN, Mrs. TAUSCHER, and Messrs. HALL
of Texas, CHAMBLISS, BAESLER, WATTS of Oklahoma, FORD, REYES, GOODLING,
DEUTSCH, DICKEY, STENHOLM, LAZIO of New York, SESSIONS, KENNEDY of
Rhode Island, and COX of California changed their vote from ``yea'' to
``nay''.
Mr. McGOVERN, Mr. PAYNE and Ms. PELOSI changed their vote from
``nay'' to ``yea.''
{time} 1545
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________